What is the ruling on the manumission of a slave when the father declared manumission during illness (marad al-mawt) or by bequest (wasiyya), but the two heirs dispute which slave was intended for manumission?

General Chapter

Al-Mughni

Book of Manumission

Book 66 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the manumission occurred during terminal illness or by bequest, the ruling depends on whether the slaves' manumission was specified or unspecified. If they both specify manumission for one specific slave, two-thirds of that slave is freed unless the heirs ratify the complete manumission, in which case the entire slave is freed. If each heir specifies manumission for a different slave, one-third of each slave is freed because each heir’s right is half the value of both slaves, and their statement regarding manumitting their share of the specified slave (which is one-third of the whole) is accepted. The remaining portion of that slave remains enslaved. The situation where one says, 'My father freed this one,' and the other says, 'My father freed one of them, I do not know which,' is resolved by lot (qur'a). If the lot falls on the one specified by the brother, two-thirds of that slave is freed. If it falls on the other, one-third of each slave becomes free, resulting in one-third of each slave being free.

Supporting text

If both heirs state, 'He freed one of them, but we do not know which one,' lots are cast between the two slaves, and two-thirds of the slave on whom the lot falls is freed, unless they ratify the complete manumission, otherwise the other slave remains enslaved.