If a master declares of two indistinguishable slaves that one of them will be free, how is the freed slave determined?
General Chapter
Al-Mughni
Book of Manumission
Primary text
If it is unclear which of the two slaves will emerge first (i.e., which one fulfills the condition first), a drawing of lots (*qur'ah*) is performed between them, and the one selected by lot is free. This ruling is based on the principle that one of them was destined for freedom, but the specific individual was unknown, thus requiring resolution by lot, similar to when one says to his slaves, 'One of you is free.'
Supporting text
If the first one to emerge is known, then only that specific slave is freed. This is the position of Malik, al-Thawri, Abu Hashim, al-Shafi'i, and Ibn al-Mundhir. Al-Hasan, al-Sha'bi, and Qatadah held that if she gives birth to twins in one pregnancy, both are free.