What is the ruling on freeing a slave during the illness preceding death (marad al-mawt)?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The ruling concerning manumission during terminal illness is treated as a bequest (wasiyya). Therefore, manumission is only permissible up to one-third (thuluth) of the estate, unless the heirs consent to more. This is the position of the majority of jurists. The evidence for this is the Hadith of 'Imran ibn Husayn, where the Prophet (PBUH) drew lots among six slaves bequeathed freed by a man who had no other wealth, freeing two and chastising the man severely. This illustrates that manumission in terminal illness is a voluntary act akin to other gifts and charities made in that state.
Supporting text
A dissenting, aberrant view attributed to Masruq suggests that if a man frees his slave during terminal illness and has no other wealth, the manumission is entirely valid, as it is considered a gift to God. This view contradicts prophetic tradition and sound reasoning.