What is the ruling regarding a bequest (Wasiyyah) made to a male or female *Mudabbir* (a slave conditionally manumitted upon the master's death)?
General Chapter
Al-Mughni
Book of Freeing Mothers of Children
Primary text
The bequest to a *Mudabbir* is valid. However, its value, along with the bequest amount, must be accounted for from the estate's one-third limit (Thuluth). This is because granting *Tadbir* (conditional manumission) is a gift, making it subject to the one-third limit, similar to a regular bequest. If the *Mudabbir*'s value and the bequest both fit within the one-third, the slave is freed, and the bequest is executed, as the bequest occurs during the period of his freedom, akin to a bequest to the mother of his child (*Umm Walad*).
Supporting text
If the combined value and bequest exceed the one-third, only the value of the slave is considered against the one-third limit, freeing him to the extent allowed by the third. If the slave's value equals the one-third, he is freed, and there is no bequest. If any portion of the one-third remains after freeing the slave, the bequest is fulfilled up to the full one-third, and any excess requires the consent of the heirs for execution.