What is the ruling if a slave whose benefit was bequeathed is killed?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If a slave, whose benefit (usufruct) was willed (*mousa bihi*), is killed, the value (*qimah*) of the slave becomes obligatory. This value must be used to purchase what substitutes the bequeathed benefit. This ruling is based on the principle that every right attached to a specific item attaches to its substitute, provided the cause for the entitlement remains valid. The jurists holding this view mandate the valuation and substitution to uphold the bequest's intention.
Supporting text
This situation differs from the case of a wife or a rented item because the basis for entitlement ceases upon their loss. There is an alternative consideration that the monetary value should go to the heir or the owner of the property's principal (*raqabah*), thereby nullifying the bequest of benefit. This is analogous to the nullification of a lease contract upon loss, as the value represents the substitute for the principal ownership, belonging to its owner.