What is the ruling when a sick person frees a fraction (shaqṣ) of one slave, then frees a fraction of a second slave, and only the first freed fraction is covered by the one-third bequest?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The first freed fraction is wholly manumitted. This is because manumission takes effect at the moment the declaration is uttered. If the one-third bequest covers the first fraction and part of the second, only that portion is freed. If the sick person frees both fractions simultaneously and the one-third only covers both fractions, both fractions are manumitted, and the remainder of the original two slaves remains enslaved. If the one-third covers only one of the two fractions, a lot-drawing (qur'ah) is made between the two fractions to determine which one is fully manumitted.