How is manumission executed when the bequest covers more slaves than allowed by the one-third limit?
General Chapter
Al-Mughni
Book of Bequests
Primary text
When manumission is bequeathed concerning multiple slaves, and one-third of the estate cannot cover all of them, the one-third limit is completed by drawing lots (qur'ah) among the slaves. If only a fraction of a slave's value falls within the one-third limit, only that specific fraction is freed, and the remainder of that slave remains enslaved. This is evidenced by the Hadith of 'Imran ibn Husayn where the Prophet (PBUH) drew lots among the slaves.
Supporting text
If the values of the slaves are equal and a whole number of slaves constitutes the one-third share (e.g., six slaves where two represent one-third), lots are drawn to determine which ones are freed. If the value involves fractions, the value of the chosen slave is multiplied by three shares (to represent the whole estate value relative to the one-third), and the proportion that frees a part of that slave is calculated based on the total value of the slaves involved in the lot draw.