To whom does the earnings of a manumitted slave belong when manumission was bequeathed?

General Chapter

Al-Mughni

Book of Manumission

Book 66 · Issue 2 · Bab 1

Open in Qurani

Primary text

The earnings the slave acquired during the life of the testator (Muwassi) belong to the testator and are part of his estate if they remain after his death, as this is the earning of a bondman (*qinn*). The earnings acquired by the slave after the testator's death but before the manumission takes effect belong to the heirs. This is because the slave is still a bondman, and his earnings belong to the estate, similar to a slave whose manumission is suspended upon a condition.

Supporting text

The position of the Qadi is that the earnings belong to the slave because the cause for manumission was established, making him like a *mukatab* (a slave in the process of buying his freedom who owns his earnings). Furthermore, some Shafi'is hold two views based on the opinions regarding the earnings of a bequeathed slave before accepting the bequest. The counterargument states that the *Umm Walad* (a slave woman who bore her master a child) has her manumission established during the master's life, yet her earnings still belong to him.