What is the ruling concerning manumission when the value of the person to be freed consumes the entire estate or is treated relative to the disposable third?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 6 · Bab 1

Open in Qurani

Primary text

If the value of the person to be freed equals the entire estate (e.g., value of two hundred and remaining estate of one hundred), manumission occurs from the principal capital, and the remaining estate is divided between the freed person and the surviving heir. Malik and Al-Shafi'i support this. Abu Hanifa asserts that only half of the person is freed, as this equals the disposable third of the total estate, and compensation is sought for the rest; the freed person does not inherit, except in specific enumerated cases where compensation is sought, but freedom is granted.

Supporting text

Abu Yusuf and Muhammad rule that the freed person inherits half the estate, which constitutes three-quarters of his own value, and compensation is sought for one-quarter of his value for the brother.