What is the ruling if the sick person buys his son for a thousand units when the son's value is three thousand, and he leaves an estate of two thousand besides the purchase price?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the manumission is made from the principal sum, the person is freed. If it is considered a bequest, one-third is freed by the purchase, and the remainder is freed by the brother. Except in the view of Al-Shafi'i and those who agree, the free person possesses the rest of his brother, thereby gaining ownership over two-thirds of the value of his neck (the bought one's body), which equals one-ninth of the neck's value, as its price is considered from the bequest portion, not its actual value.
Supporting text
Another view states the sale is voided for two-thirds or entirely. Abu Hanifa states the buyer owes his brother the value of two-thirds. Abu Yusuf and Muhammad state the buyer owes his brother half the value. If the deceased leaves two thousand besides the purchase price, the entire person is freed, and the buyer inherits half of the two thousand. This is the opinion of Al-Shafi'i. Another view is that he is freed but does not inherit. According to Abu Hanifa and his companions, the estate is the value of the bought person plus the two thousand, totaling five thousand. Abu Hanifa's school states one-third of that, one thousand and two-thirds, is used for manumission, and the buyer owes his brother one thousand and two-thirds. Abu Yusuf and Muhammad's companions state half that amount is used for manumission, and the buyer owes his brother five hundred, with the two thousand belonging entirely to the brother.