What is the ruling regarding the emancipation (I'tak) of a father purchased by his ailing son when the son has inherited assets?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a sick person possesses three thousand units, donates one thousand, and then uses the remaining two thousand to purchase his father while having a son, there are differing views regarding the legal standing of this purchase relative to the donation. According to the opinion stating that the purchase is not a bequest (Wasiyyah), the father is emancipated. The donation is executed to the extent of one-third of the total estate value at the time of death. The father inherits one-sixth of what remains, and the balance goes to the son.
Supporting text
According to the view held by the Qadi and those who consider the purchase a bequest, the father is not emancipated immediately. Since the donation by the sick person is only effective up to one-third of the estate, and the initial donation takes precedence, nothing remains of the third to fulfill the obligation of emancipation through the purchase. The son inherits the residual amount, and thus the father is emancipated by the son only after inheritance, but since emancipation occurs only after death, this posthumous emancipation is not confirmed by the purchase made while alive.