What is the ruling if a sick person buys his father for a thousand units of currency when he possesses nothing else, and then dies leaving behind a son?
General Chapter
Al-Mughni
Book of Bequests
Primary text
According to the opinion narrated by Al-Khabari, the father is entirely manumitted (freed) by the purchase, and the right of wala' (allegiance/inheritance due to manumission) belongs to the sick person (the purchaser). According to the opinion of the Qadi (Judge), one-third of the father is freed through bequest (wasiyya), and the remainder is freed by the son because the deceased is the son's grandfather. The wala' is divided such that one-third belongs to the buyer and two-thirds to the son. This is the position of Malik. The evidence for the validity of manumission through purchase or bequest is implied by the necessity of determining ownership of the resulting freedom and inheritance rights.
Supporting text
Another view attributed to Al-Shafi'i suggests that one-third is freed by bequest, and the son is made to pay the value of the remaining two-thirds. Abu Hanifa states that one-third is freed by bequest, and the son owes the value of the remaining two-thirds. Abu Yusuf and Muhammad state that one-sixth is freed because the son inherited it, and the son owes the value of five-sixths, with no bequest applicable. A view under Al-Shafi'i holds that the sale is void unless the son ratifies the manumission. Another view states the sale is voided regarding two-thirds, and manumission occurs for one-third, giving the seller the option due to the fracturing of the transaction. If the deceased left two thousand units besides the purchase price, the entirety is manumitted, and the heir inherits one-sixth of the two thousand; this view is held by Malik and Abu Hanifa.