What is the priority between the manumission of a slave and a bequest made to that same slave if both exceed one-third of the estate?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the manumission of the slave (whether a Mudabbar or a bequeathed slave) and the bequest to him collectively exceed one-third of the estate, the manumission takes precedence because it is more beneficial to the slave. The justification is that the master made a valid bequest concerning his own slave, and thus the manumission takes precedence over any wealth the slave might receive through the bequest, similar to the case where a share of the estate is bequeathed to a slave who is still in bondage.

Supporting text

The Judge held that part of the slave is freed, and he gains from the bequest only to the extent corresponding to the portion of him that was freed.