What is the ruling regarding the manumission (Ataq) of slaves when the deceased's debts fully cover the entire estate?

General Chapter

Al-Mughni

Book of Manumission

Book 66 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the debts of the deceased encompass the entire estate, none of the slaves are manumitted. This is established because manumission is considered a bequest (Wasiyya), and the Messenger of Allah, peace be upon him, decreed that debts take precedence over bequests. Furthermore, settling a debt is obligatory, whereas manumission is a voluntary act (Tabarru'); therefore, prioritizing the obligatory act is mandatory.