The effect of simultaneous manumission and divorce when a father wills that his slave wife be freed upon his death, and the son declares divorce upon his father's death.
Chapter on Divorce by Calculation
Al-Mughni
Book of Divorce
Primary text
If the father states, 'When I die, you are free,' and the son states, 'When my father dies, you are divorced,' and this asset (the slave) is meant to be freed from one-third of the estate, both manumission and divorce occur simultaneously upon the father's death, even if the slave exceeds the one-third limit. If she exceeds the limit, a portion of her ownership transfers to the heirs, granting the son a share, which dissolves the marriage contract, effectively acting as if he owned all of her, thereby preventing the divorce and dissolving the marriage.
Supporting text
If the heirs later approve the manumission, some scholars hold that this hinges on whether the approval is the execution of the original act or a new grant. If it is a new grant, the marriage was already dissolved, and the divorce does not occur. If it is the execution of the master's act, the divorce takes place. Similarly, if only the husband approves the manumission of his father's slave, the ruling follows this principle.