What is the ruling when two testimonies prove bequests for the manumission of two different enslaved persons?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If one testimony proves a bequest for the manumission of one enslaved person and the other proves a bequest for the manumission of the other, they are treated equally. Lots are drawn between them, regardless of whether their bequest dates differ or are the same, because bequests are equal regarding priority between the predecessor and successor. This principle applies because manumission after death is treated similarly to manumission during terminal illness, for which lot drawing is established based on the hadith of Imran ibn Husayn. The underlying reason necessitating the completion of freedom in one case in life is present after death.
Supporting text
Abu Bakr and Ibn Abi Musa held that half of each enslaved person is freed without drawing lots. They reasoned that lots are only required when one is established as free and the other as enslaved, which is not the case here. Therefore, the bequest must be divided equally between them, with the shortfall affecting each according to their bequest, similar to bequeathing wealth to two individuals.