What is the legal standing of manumission (or conditional manumission/bequest of freedom) made by a sick person when subsequent debts are discovered that cover the entire estate?
General Chapter
Al-Mughni
Book of Manumission
Primary text
If a sick person manumits, conditionally manumits, or bequeaths the freedom of his slaves during his illness, and subsequently, debts are found against him that exhaust the estate, the manumission is voided, and their status reverts to slavery so they can be sold to cover the debt. This is because debt precedes bequest (*waṣiyyah*). This is supported by the saying of Ali (may Allah be pleased with him): The Messenger of Allah (peace be upon him) decreed that debt precedes bequest. Furthermore, debt is unanimously prioritized over inheritance, necessitating the sale of the estate for debt repayment. The Quran mandates consideration of bequests or debts (Quran 4:11). Since inheritance takes precedence over bequests in the two-thirds portion, anything that precedes inheritance must also precede the bequest. Al-Shafi'i holds this view. The basis is that this act is a donation during the final illness, and debt takes precedence over it, similar to a gift. Since it is considered part of the third, debt precedes it, as with a bequest. The hidden nature of the debt does not nullify its ruling, allowing the creditor to claim repayment.
Supporting text
Ibn Abi Layla rejected the freedom of a slave manumitted by his master at the point of death while the master owed debt. Ahmad considered Ibn Abi Layla's position sound, although there is another narration from Ahmad stating that manumission is effective only to the extent of one-third, and the remainder is voided. Qatadah, Abu Hanifa, and Ishaq suggest the slave must work to cover the value of the portion being reclaimed by the creditors. Regarding the heirs' option to pay the debt and enforce the manumission, there are two views: one holds that it is not effective unless the heirs initiate the manumission themselves, as the debt was an initial impediment making the act void; the second view maintains that the manumission becomes effective once the impediment (the debt) is removed, analogous to heirs waiving their rights in the two-thirds of the estate.