What is the ruling regarding the freeing of a jointly owned slave (share) when the master dedicates a third of his estate to freeing that share while terminally ill or through posthumous arrangement?
General Chapter
Al-Mughni
Book of Manumission
Primary text
If a master owns a share of a slave, and frees it, dedicates it (tadbir), or bequeaths its freedom while terminally ill, and the third of his estate is insufficient to cover the value of the partner's share, only his portion is freed. This is held without known disagreement among scholars, except for an aberrant view or the opinion of those who permit compensation (*sifayah*). This is because only the third of the estate that covers the share's value is considered his wealth, leaving him insolvent, similar to one who frees a share while healthy but insolvent.
Supporting text
If the third of his estate is sufficient to cover the partner's share's value, there are two narrations. The first is that the freedom extends to the entire slave, and the partner's share value is paid from the third. This is because the third of the estate belongs entirely to the one freeing the slave, and he has full disposition over it, so the manumission spreads, like the manumission spread by a healthy, solvent person. The second narration states that only his share is freed, because upon his death, his ownership transfers to his heirs, leaving nothing to satisfy the partner. Al-Awza'i supported this, arguing the deceased should not be harmed. Al-Qadi differentiated, stating manumission during life spreads, while *tadbir* or bequest does not spread. The narration regarding manumission spreading during life is considered more sound, while the narration regarding *tadbir* being suspended is more sound. This latter view is the doctrine of Al-Shafi'i, as manumission during life takes effect when the master possesses the capacity to manumit and his disposition is sound, his disposition over the third being like a sound person's disposition over his entire wealth. However, *tadbir* and bequest take effect at a time when the master's ownership and dispositions cease.