How is the manumission of a gifted slave treated by the jurists of Iraq?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The jurists of Iraq treat the manumission resulting from a gifted slave as a bequest (*wasiyyah*). If the value of the manumission is covered by the disposable third of the estate, the slave is freed, and the owner inherits. If it exceeds the third, the owner must compensate for the remainder. Abu Hanifa holds that the owner is freed to the extent of the third and does not inherit, while Abu Yusuf and Muhammad state that the value is accounted for against the inheritance; if a surplus remains, compensation is sought for it.
Supporting text
The counter-argument is that this situation does not involve the testator's voluntary disbursement or destruction of property, nor does it depend on his choice, as the acceptance of the gift is the acquisition of something that might be lost by retention, unlike purchasing the slave, which involves depleting property for the price.