What is the ruling on freeing a portion of a slave while the master is terminally ill?

General Chapter

Al-Mughni

Book of Manumission

Book 66 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a master frees part of his slave during a fatal illness (*marad al-mawt*), the ruling is treated as if he freed the entire slave. If the value of the freed portion is covered by one-third (al-Thuluth) of his estate, the entire slave is freed. If it exceeds one-third, only that portion equivalent to one-third is freed. This is because manumission during illness is treated like manumission during health, except regarding its consideration from the one-third estate limit. The sick person's disposition of his one-third is treated like a healthy person's disposition of his entire wealth when dealing with a non-heir, as in the case where he frees his share in a co-owned slave and one-third covers the entirety of the share.

Supporting text

There is a differing report stating that only the explicitly freed portion is released, and nothing beyond it is validated from the estate.