What is the ruling if the sick person buys his son for a thousand units when he owns nothing else, and the son's value is two-thirds of a thousand, and the sick person dies leaving another son (a brother to the bought son)?
General Chapter
Al-Mughni
Book of Bequests
Primary text
According to the first view, manumission occurs from the principal sum of the estate, and the seller's ownership is established over the portion of the price corresponding to the son's value. The seller has one-third of the remainder due to the favor (mahābah) granted, and this remainder is divided between the two sons. According to the second view, one-third is manumitted, the brother inherits the remaining two-thirds, thus freeing the bought son. The seller is entitled to one-third of the favor, and two-thirds of it is returned as inheritance.
Supporting text
Abu Hanifa states that one-third belongs to the seller, and the buyer owes the value of two-thirds to his brother. Abu Yusuf and Muhammad state the buyer owes half his value and inherits the other half. Al-Shafi'i holds that the favor is prioritized due to its precedence, and the free son inherits his brother (the bought one) and takes ownership of him. Another view suggests the sale is voided for two-thirds, and one-third is manumitted, as the favor is not prioritized to avoid establishing the father's ownership over his son through it.