Validity and effect of bequeathing a specific fractional share of one's wealth to a slave.
General Chapter
Al-Mughni
Book of Bequests
Primary text
The bequest of a known fractional share of one's wealth, such as one-third, one-quarter, or one-sixth, to one's slave is valid. If the slave can be manumitted from that fractional share, he is manumitted and receives the remainder of the bequest. If the share is insufficient for full manumission, he is manumitted to the extent of the bequest's value, unless the heirs permit it. Hasan, Ibn Sirin, Abu Hanifa hold this position, though they state that if the share does not cover the full value, the slave must pursue the value of the remainder.
Supporting text
Al-Shafi'i holds that the bequest is void unless it specifically entails manumission, because bequeathing to the slave is bequeathing property that will devolve upon the heirs, which is invalid, similar to bequeathing a specific item. The supporting argument is that the fractional share encompasses the self, and the bequest to the self is valid, leading to manumission, and the remainder is rightfully his as he becomes free and capable of possessing the bequest.