What is the ruling when a master frees one specific slave but forgets which one among several identical slaves?
General Chapter
Al-Mughni
Book of Manumission
Primary text
If a master frees one specific slave but forgets which one, the ruling established by analogy to the position of Ahmad is that one slave is freed through casting lots (qur'ah). This view is held by Al-Layth. The basis for this is that the one entitled to freedom is not specified, which resembles the situation where one frees all of them while terminally ill. If lots are cast and one is selected, and then the master claims he remembers the intended slave was different, there are two views: one holds that the first freed slave returns to bondage and the one specified by memory is freed, because the intention to free that specific person is now clear. The other view holds that both are freed, supported by Al-Layth and the implication of Ibn Hamid's view, because freedom was established for the first by lot and cannot be removed, similar to other free individuals.
Supporting text
Al-Shafi'i holds that the matter remains pending until the master remembers. If he dies before clarification, the heirs cast lots among themselves. Ibn Wahb states that all of them are freed. Malik's view is that if he frees one slave and dies without specification among three, one-third of each is freed, or if there are four, one-fourth of their value is freed, and lots are cast until the freed portion equals the proportion. The proponents of *Ra'y* (opinion) state that if witnesses testify that so-and-so freed one of his slaves without naming him, then one-third or one-fourth of each is freed, and the remainder must be compensated for. If they testify that he freed some slaves and they forgot which ones, their testimony is void. This latter position is similar to the view of Al-Sha'bi and Al-Awza'i.