If the person upon whom the obligation rests is deceased, does freeing a slave on their behalf validate the act?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 6 · Bab 1

Open in Qurani

Primary text

If the deceased person willed that a slave be freed on their behalf, the act is valid because it was done by their instruction. If they did not will it and a non-relative frees a slave on their behalf, it is invalid as the person is not an agent for the deceased.

Supporting text

If the heir frees a slave on behalf of the deceased, and the deceased had no outstanding obligation (like an expiation), the manumission is invalid for the deceased and counts for the heir. However, if the deceased had a mandatory manumission obligation, the act is valid for the deceased because the heir acts as their deputy in managing their estate and fulfilling their obligations.