What is the ruling if a slave is purchased and freed based on the bequest permissible by the one-third, and subsequently, a debt appears that encompasses the entire estate?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the purchase of the slave, authorized by the one-third portion, is made using the specific assets of the estate (Ayn al-Mal), and a debt covering the entire estate is subsequently discovered, the bequest is nullified. The slave reverts to servitude because the purchase is deemed void, having been made with assets rightfully belonging to the creditors without their consent. This is the view of Imam Al-Shafi'i.
Supporting text
If the purchase was made using the executor's personal liability (Dhimmah), the purchase and subsequent emancipation stand valid. The purchaser bears the liability for the purchase price and has no recourse against the estate because the testator, not the seller, caused the loss, and there is no remaining estate upon which to claim reimbursement. However, another view suggests that the purchaser should share with the creditors according to the value of their debt, arguing that the debt arose from the testator's deception, making the estate responsible for reimbursement, similar to compensation for accidental homicide (Arsh Janayatihi).