What is the ruling regarding a bequest where the testator names two slaves identically?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a testator has two slaves bearing the same name and states, 'So-and-so is free upon my death,' without specification, lots must be drawn between them to determine which one is freed. If the testator also bequeathed two hundred dirhams, and the slave freed by lot is covered by the one-third portion, the slave is freed, and the heir receives none of the two hundred dirhams. This is because the bequest of the money was made to an indeterminate person, and a bequest is only valid for an identified person.

Supporting text

Al-Qadi states that the bequest of money should be valid because the beneficiary (the slave) was capable of receiving the status of freedom at the time the bequest took effect.