Is a manumission bequest (wasiyyah bi 'itq) executed from the estate's third (thuluth)?
General Chapter
Al-Mughni
Book of Manumission
Primary text
If a master wills the manumission of his slave, it must be executed from the one-third limit of his estate. If the heirs refuse to carry out the bequest after the master's death, the Sultan or his deputy, such as a judge, shall compel them. If they persist in refusal, the Sultan or his deputy shall manumit the slave on their behalf, similar to fulfilling the obligations of Zakat or debts. The manumission is valid whether executed by the heir or the Sultan.
Supporting text
There is another view, stated by Abu al-Khattab, that the manumission takes effect from the principal capital (*ra's al-mal*), which is the position of Shafi'i, as it is not subject to suspicion and thus resembles manumission made during health.