Is it obligatory for the guardian to accept a gift or bequest of manumission for a wealthy minor or insane person?
General Chapter
Al-Mughni
Book of Manumission
Primary text
If the minor or insane person is wealthy, there are two scholarly opinions regarding the guardian's acceptance. One opinion holds that the remaining value of the slave does not become an obligation upon them, nor does the manumission extend, because the ownership is acquired without their choice, similar to inheritance. The second opinion holds that the remaining value becomes an obligation because the guardian's acceptance stands in place of their acceptance, akin to an agent.
Supporting text
Based on the opinion that the remaining value becomes an obligation, the guardian does not have the right to accept the bequest because it entails harm. However, based on the opinion that it does not become an obligation, acceptance is obligatory because it occurs without harm, provided the slave is someone whose maintenance is not legally incumbent upon the ward.