How is the precedence determined between manumission and the excess dower gift when the wife does not inherit the husband (due to an impediment or divorce/death before inheritance)?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the wife does not inherit the husband—either due to a legal impediment to inheritance or because the marriage was dissolved before his death (by death of the wife or divorce)—the excess gift is deemed established for her. In this case, manumission should take precedence over the excess gift because the manumission is obligatory and not contingent upon the validation of the heirs, thus it is considered prior in effect.