What is the ruling when a master says, 'If I die in Ramadan, my slave Salem is free, and if I die in Shawwal, my slave Ghanim is free,' and both slaves claim the master died in the month corresponding to their freedom, while the heirs deny both claims?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
The statement of the heirs denying the timing of death is accepted, provided they take an oath. If the heirs admit the condition for one of the slaves, that slave is freed by their admission. If both slaves provide evidence supporting their respective claims of the master's death in the relevant month, there are three views.
Supporting text
The first view favors Salem's evidence because it establishes a greater certainty—his death in Ramadan—which the other evidence might not have captured. The second view holds that the evidences nullify each other, and both slaves remain in servitude because their claims cancel out, resembling having no evidence. The third view dictates drawing lots (qur'ah) between them, and the one selected is freed.