What is the procedure for emancipation when freeing a number of slaves whose total value constitutes exactly one-third of one's total property, and the slaves have equal value?

General Chapter

Al-Mughni

Book of Manumission

Book 66 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the number of slaves whose value equals one-third of the estate is divisible by three (e.g., three, six, or nine), three parts must be made: one for freedom (hurriyyah) and two for remaining as property (riq). Three slips are made: one marked 'freedom' and two marked 'property.' These are placed under cover. A third party draws a slip. If the 'freedom' slip is drawn, that corresponding portion of the slaves is freed, and the remaining two portions remain as property. If a 'property' slip is drawn, that portion remains property, and another draw is made on the remaining portion. If the 'freedom' slip is drawn then, the third portion is freed; otherwise, the third portion remains property, as freedom has been designated among them. Alternatively, the name of each portion can be written on a slip, and drawing the 'freedom' slip results in the emancipation of those named, while the rest remain slaves.

Supporting text

If the drawing results in a 'property' slip on the second draw, those named remain slaves, and the third portion is then subjected to a draw where drawing 'freedom' frees them, or drawing 'property' keeps them as such, with the third portion being freed or retained based on the second draw's result concerning the third part if the first draw resulted in property for the first two parts.