What is the ruling when valid testimony proves manumission during terminal illness for one slave, and testimony proves a bequest for the manumission of the other?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If one testimony proves manumission of a specific slave during the terminal illness, and the other proves a bequest for the manumission of the second slave, and the first slave's value is exactly one-third of the estate, that person is freed, and the second's freedom is suspended pending the heirs' authorization, because an act of immediate giving (Tabarru') during illness takes precedence over a post-death bequest (Wasiyya). If the first slave's value is less than one-third, they are freed, and the remaining portion of the one-third bequest is fulfilled by freeing part of the second slave.