How is manumission treated if it is suspended upon a condition that occurs during the testator's final illness?

General Chapter

Al-Mughni

Book of Manumission

Book 66 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a master suspends the manumission of his slave upon a condition, and that condition is fulfilled while the master is in his final illness, the manumission is considered to be executed from the one-third of the estate. This was stated by Abu Bakr, and Ahmad held a similar view regarding divorce. This ruling is based on the principle that manumission during illness impacts the rights of the heirs to two-thirds of the estate, so it must be restricted to the one-third, like an immediate manumission.

Supporting text

If the testator stated, 'If Zayd arrives while I am ill, then you are free,' and Zayd arrived while the testator was ill, the manumission is considered from the one-third by unanimous consent.