What is the ruling if the one-third bequest covers both freed fractions and the remainder of one of the two slaves?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 2 · Bab 1

Open in Qurani

Primary text

There are two views regarding this scenario. The first view dictates that the remaining portion of the slave whose remainder was covered is fully manumitted through a lot-drawing between the two slaves, similar to the case where only one slave's manumission is covered by the one-third limit when two slaves were willed for freedom. The second view states that the remainder of the one-third (after covering the two fractions) is divided between the two slaves without lot-drawing, because the initial act was freeing a fraction, not a full slave, which differs from the scenario where two full slaves were willed for freedom. This latter point is supported by the fact that if the one-third only covers the two fractions, both are freed without lot-drawing or completing the manumission of one of them.