What is the ruling regarding the manumission of slaves when the deceased's debts cover only a portion of the estate?
General Chapter
Al-Mughni
Book of Manumission
Primary text
When the debts cover only a portion of the estate, the debts must be settled first because manumission is a bequest, and the Prophet established that debt precedes bequest. Settling the debt is obligatory, and manumission is voluntary, thus the obligatory takes precedence. The procedure involves determining the proportion of the estate covered by the debt and creating corresponding slips for drawing lots. For instance, if the debt equals half the slaves, two slips are made—one for the debt and one for the estate—and drawn against one half. The portion designated for the debt is sold to cover it, and the remaining portion of the entire estate is subject to manumission by lot among the remaining slaves, as previously detailed.