Is the statement 'The first male slave I own shall be free' legally valid?
General Chapter
Al-Mughni
Book of Manumission
Primary text
The validity of freeing a slave based on the condition of 'the first one I own' hinges on whether manumission can precede actual ownership. If this condition is deemed valid, and the person subsequently owns two individuals simultaneously, one must be freed by lot (*qur'ah*) according to the primary view attributed to Ahmad. This ruling applies similarly if a person states, 'The first of my slaves to appear shall be free,' and two or all of them appear simultaneously; lots are cast among them. The reasoning is that they both fulfill the characteristic of being 'first' because neither preceded the other, similar to the case where only one slave is owned, where the condition is met.
Supporting text
An alternative view suggests both slaves become free because the characteristic of 'firstness' is found equally in both, analogous to a competition where two tie for the win, sharing the prize. Another view, held by Al-Nakha'i, permits the owner to designate whichever one he chooses. Abu Hanifa maintains that neither slave is freed because the condition of being 'first' is negated when two are equal, as true firstness requires one to precede the other.