What is the ruling when an owner of half of two equal slaves emancipates one of them during his terminal illness?

General Chapter

Al-Mughni

Book of Manumission

Book 66 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the owner emancipates the first half share during his terminal illness (*marad al-mawt*), the emancipation does not extend to the partner's share because his emancipation is only effective up to one-third of his estate. One-third of his estate constitutes only the half share he owns in the first slave. If he subsequently emancipates the second half share, this emancipation is suspended pending ratification by the heirs.