Is the manumission (emancipation) of a female slave valid if performed during the master's illness, followed by marriage to her during the same illness?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a master frees his slave woman during his health, and then marries her during his illness, the marriage is valid, and she inherits without known dispute. If he frees her during his illness and then marries her, and the manumission falls within the limits of one-third of his estate, she is freed and inherits. This view is chosen by the companions of the school (Ahl al-Madhhab) and is the position of Abu Hanifa. The evidence is that her marriage is valid, and no impediment to inheritance exists against her, which includes slavery, homicide, and difference in religion, thus she inherits, similar to the case where he freed her during his health.
Supporting text
Al-Shafi'i holds that she is freed but does not inherit. The reasoning is that if she were to inherit, her manumission would constitute a bequest (wasiyya) to an heir, which would lead to nullifying her inheritance. Nullifying her inheritance would consequently nullify her marriage and her manumission, as the marriage is contingent on the manumission being valid and falling within the permissible third. Therefore, it is preferable to only nullify the inheritance while upholding the validity of the manumission and the marriage.