How is the one-third bequest limit distributed when bequests include both financial allocations and the manumission of a slave?
General Chapter
Al-Mughni
Book of Bequests
Primary text
There are two narrations concerning this from Ahmad. The first narration states that the one-third is divided equally among all bequests, including manumission, based on the equality of the cause for entitlement. This view is held by Ibn Sirin, al-Sha'bi, and Abu Thawr. The second narration prioritizes manumission (I'tq) and begins by allocating from the one-third to fulfill it. If any remainder exists, it is divided among the remaining legatees proportionally to their bequests. This view is narrated from Umar and is held by Sharih, Masruq, 'Ata al-Khorasani, Qatadah, al-Zuhri, Malik, al-Thawri, and Ishaq, based on the reasoning that manumission involves a right pertaining to God and a right pertaining to a human, making it more confirmed, and because it is not subject to revocation (faskh) like other bequests.
Supporting text
Both narrations from Ahmad are also reported from al-Hasan and al-Shafi'i.