The impact of the deceased father's debt on the validity of manumission and divorce.
Chapter on Divorce by Calculation
Al-Mughni
Book of Divorce
Primary text
If the deceased father had debts that covered his entire estate, the preferred view is that this does not prevent the transfer of the estate to the heirs, meaning the situation regarding the dissolution of the marriage and prevention of divorce remains the same as if there were no debts. If the debt did not exhaust the estate and the slave's value was within the permissible one-third after settling the debts, she is manumitted and divorced. If her value exceeded one-third after debt settlement, she is not fully manumitted, and her status regarding the dissolution of marriage and prevention of divorce is as if the debt exhausted the estate.
Supporting text
If the creditor waives the debt after the death, the divorce does not occur because the marriage contract had already been dissolved prior to the waiver.