What is the ruling when a testator wills for a slave to be purchased with a specific sum (e.g., 1000) for emancipation, but this sum exceeds the one-third disposable portion?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the specified amount for purchasing the slave exceeds the one-third disposable portion (Thuluth), the purchase is executed using only the amount covered by the one-third. This is the position held by Imam Al-Shafi'i. The reasoning is that this bequest is obligatory to execute to the extent that the one-third allows, analogous to a bequest to free a slave where only the portion covered by the one-third is freed. This differs from agency (Wikalat), as an agent authorized to free a slave cannot free only a part of him, whereas a testator's bequest allows for partial execution against the estate.
Supporting text
Imam Abu Hanifa holds that the entire bequest is void because the instruction was to purchase the slave for the full specified amount (1000), and the executor cannot legally purchase for less, similar to a scenario involving an agent.