What is the ruling if a sick person states, 'If I free Sa'd, then Sa'eed and 'Amr are free,' and then frees Sa'd?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 2 · Bab 1

Open in Qurani

Primary text

If only one of them can be freed from the one-third limit after freeing Sa'd, only Sa'd is freed based on the precedence argument. If two of them can be freed from the one-third, or one person and a part of another, then Sa'd is freed, and lots are cast between Sa'eed and 'Amr for the remainder of the one-third. This casting of lots is done because their manumission occurs at the same time, and the manumission of one is not a condition for the manumission of the other.

Supporting text

If the one-third limit allows for freeing two individuals and a part of a third, lots are cast between those two to complete the freedom of one, resulting in the partial freedom of the other.