What is the evidence supporting the use of lottery (*qur'ah*) and the one-third limitation in terminal illness manumissions?
General Chapter
Al-Mughni
Book of Manumission
Primary text
The evidence is the report from 'Imran ibn Al-Husayn that a man from the Ansar freed six slaves in his illness, having no other property. The Messenger of Allah, peace be upon him, divided them into six parts and freed two, retaining four in servitude. This hadith is explicit in the point of contention, establishing both the limitation to one-third and the employment of the lottery. It is a sound and established hadith narrated by Muslim, Abu Dawud, and other compilers of the Sunan. Furthermore, rights requiring division where distribution causes harm necessitate resolution by lottery, analogous to compulsory partition when one partner demands it, or dividing three equally sized dwellings among two partners where one owns one-third and the other two-thirds; a share is assigned to each person by lot.
Supporting text
The argument that the hadith contradicts established principles is rejected. The prophetic ruling must be followed regardless of concordance with human analogy, as the Prophet's word is the infallible source established by Allah. The alternative opinion resulting in delayed or partial realization of the heirs' right, forcing the slave into servitude (*sifayah*) which might lead to unlawful acts, is more harmful to the slaves, the deceased, and the heirs than the clear ruling established by the Sunnah.