How is manumission executed when a master states, 'One of my slaves is free,' without specifying which one?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 2 · Bab 1

Open in Qurani

Primary text

When a master declares one of his slaves free without specification, lots (Qur'a) must be cast between them. The slave upon whom the lot falls becomes free, provided this manumission is covered by the one-third limit of the estate upon death. This is because the freedom is established for one individual from a specific group, necessitating drawing lots, similar to when only one slave out of two is freed from the one-third allowance. Evidence for this ruling is found in the Hadith of Imran ibn Husayn.

Supporting text

Abu Hanifa and Al-Shafi'i maintain that the master has the right to specify which slave is freed without casting lots, because it is an act of manumission due upon an unspecified individual, thus the designation rests with the manumitter, similar to manumission for expiation or when he instructs his heirs to free a slave on his behalf.