What is the ruling when two enslaved persons claim manumission by their master during his terminal illness, where each claim equals one-third of the master's estate, and both claims are proven by valid testimony?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 1 · Bab 1

Open in Qurani

Primary text

If two valid testimonies establish manumission claims, each covering one-third of the estate during the master's terminal illness, both manumissions are confirmed because the testimony of one does not negate the other. Priority is determined by the date of the manumission evidence. If the evidences are dated differently, the earlier established manumission takes precedence, and the second person's manumission is suspended pending the heirs' approval, as the terminal illness bequest limit (one-third) is exhausted by the first. If the dates coincide, are ambiguous, or one is undated, the claimants are treated equally. Lots are drawn between them; the one chosen is freed, and the other's freedom is suspended unless the heirs approve. This procedure is based on precedents like the Prophet's action regarding six slaves freed under similar circumstances, or cases where priority is unclear, akin to the ruling concerning the bird (Tair).

Supporting text

A secondary opinion, held by Shafi'i, suggests half of each enslaved person is freed. This is argued as being closer to equitable distribution, preventing the possibility in lot drawing where a previously deserving freedom might be negated in favor of the second. The primary view prevails because every case reverts to one of two scenarios where lot drawing is established, and the objection regarding the potential for partial freedom through lot drawing is countered by stating that division results in the certain partial enslavement of a person deserving of full freedom.