What is the ruling if the sick person dies leaving an estate that is insufficient to cover the purchase price of the bought person?
General Chapter
Al-Mughni
Book of Bequests
Primary text
On the first opinion (Al-Khabari's view), the entirety of the bought person is manumitted, and the deceased inherits from the estate as if he were originally free. On the second opinion (Qadi's view), one-third is manumitted corresponding to the portion of the estate that can be used for bequest, and the heir inherits according to the extent of freedom established.
Supporting text
If the buyer did not leave a free father but left a free brother and no wealth, manumission from the principal sum occurs according to the first view. According to the second view, one-third is manumitted, the brother inherits two-thirds, and then the brother is freed by the inheritance. Abu Hanifa states one-third is manumitted, and the buyer owes the uncle (the buyer's father's brother) the value of two-thirds. Abu Yusuf and Muhammad state the entire person is manumitted, with no claim for payment (sar{a}yah).