What is the ruling when a person manumits two slaves of equal value with a single statement while possessing no other wealth, and then one slave dies?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a master frees two slaves of equal value using a single declaration and has no other property, and subsequently one slave dies, a lottery (*iqra'*) is cast between the living slave and the deceased slave to determine which portion of the manumission applies to which. If the lottery falls upon the deceased slave, the living slave remains enslaved, and it is established that half of the deceased slave was free. This is because the heirs are entitled to the equivalent value of half of the deceased slave.

Supporting text

If the lottery falls upon the living slave, one-third of the living slave is considered freed. The deceased slave is not counted against the estate of the heirs because the portion of freedom did not reach him while he was alive.