What is the ruling when a master says, 'If I recover from this illness, Salem is free, and if I die from it, Ghanim is free,' and both slaves claim the fulfillment of their respective conditions upon the master's death?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
Lots are drawn between them, and the one selected by lot is freed. This is because the master must either have recovered or died, meaning one of the two conditions was met, thus necessitating the freedom of one of the slaves, but the specific one is unknown, requiring resolution by lot, similar to an unclear case of manumission.
Supporting text
Another possibility suggests preferring Ghanim's claim because the default state is non-recovery (i.e., death). If both slaves provide evidence supporting their conditions, the established view of our companions and the opinion of Al-Shafi'i is that the evidences nullify each other, and both slaves remain in servitude because each piece of evidence contradicts and negates the claim of the other. However, this latter ruling is contested, arguing that since one of the two conditions must have occurred, the manumission is binding, similar to a scenario involving a bird's species.