If the lottery in a terminal illness manumission involving a deceased slave falls upon a living slave, how is his manumission calculated?

General Chapter

Al-Mughni

Book of Manumission

Book 66 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the lottery falls upon a living slave, the calculation depends on when the deceased slave died. If the deceased slave died before the master's death, or after the master's death but before the heirs took possession of the estate, the deceased slave is not counted as part of the estate (*tarikah*). The estate is constituted by the two living slaves, and the manumission debt is deducted from the third of the estate belonging to the slave upon whom the lot fell. His value is assessed at the time of manumission, as that was the time of the impairment of the estate. The value of the estate itself is assessed based on the lower of two figures: the value at the time of death or the value at the time the heir takes possession, because any increase in value after death is a new benefit accruing to the heir, while any decrease before possession did not benefit the heir.