What is the legal consequence if the two sons are known to be morally corrupt (fasiq) but do not contest the testimony of the unrelated witnesses concerning Ghanim?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If the two sons are morally corrupt and do not contest the testimony of the unrelated witnesses regarding Ghanim, the manumission of Salim is established based on the just testimony, and the testimony of the corrupt sons regarding Ghanim does not compete with it, as the testimony of a corrupt person is void. Their admission regarding Ghanim is considered, and he is fully manumitted if his manumission predated death or if lots favor him. If his manumission occurred later or the lot favors another, nothing of Ghanim is freed, as even if the sons were just, nothing would be freed in that scenario.
Supporting text
Al-Qadi and some Shafi'i scholars hold that half of Ghanim is manumitted in all circumstances because his manumission is established by the heirs' admission, concurrently with the other slave's manumission established by just testimony, equating the situation to the master having manumitted both slaves; thus, half of Ghanim is freed. This opinion is rejected because if both slaves were manumitted by the master's admission, only one would be freed by lot drawing, especially since in the case where the just testimony preceded the manumission, nothing would free Ghanim, making the situation worse with the sons being corrupt.