What is the ruling on a patient who purchases his own father for 1000 dirhams when he possesses no other wealth?
General Chapter
Al-Mughni
Book of Bequests
Primary text
According to one narration, the entire father is manumitted (freed). This ruling is absolute when the patient lacks other assets.
Supporting text
According to another opinion, one-third of the father is manumitted by the purchaser (the son), and the remainder (two-thirds) is manumitted by the son himself. This is the position of Malik. Abu Hanifa holds that one-third is manumitted, and the son is pursued (made responsible) for the value of the remaining two-thirds. According to his two companions (Abu Yusuf and Muhammad al-Shaybani), one-sixth is manumitted, and the son is pursued for the value of the remaining five-sixths. It is stated, based on a derivation from the position of Al-Shafi'i, that the purchase is nullified unless the son permits the manumission. Another view suggests that one-third is manumitted, and the sale is nullified regarding the remaining two-thirds.