What is the ruling when a sick person receives property (like a gift or inheritance) that obligates manumission of a person connected to him by kinship/ownership?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

When a sick person acquires someone they are obligated to free without compensation, such as via a gift (*hibah*) or inheritance, that person is immediately freed (*'itq*), and the sick person inherits if they die. This is the view held by Malik and the majority of Al-Shafi'i's companions. The act is not considered a bequest (*wasiyyah*) because if it were, it would be limited to the disposable third of the estate, as in the case of a purchase.

Supporting text

Some companions of Al-Shafi'i argue that the person is freed, but the sick person does not inherit, asserting that the manumission constitutes a bequest, which cannot coincide with inheritance.