Is a bequest by a master of the writ of manumission money (*mal al-kitabah*) to a specific person valid?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The bequest of the writ of manumission money to a specific individual is valid. If the legatee, his agent, or his guardian (if he is legally restricted) takes possession of the manumission money, the slave is freed, and the manumission money obligation is discharged. The patronage (*wala'*) belongs to the master who stipulated the manumission because he was the benefactor. Manumission also occurs if the master absolves the slave of the money obligation, as discharging the obligation is equivalent to payment. If the master bequeathed outright manumission (*i'taq*) to the slave, the slave is not freed because the master does not own the slave's person, and the bequest was only for the money owed by the slave.
Supporting text
If the writing slave becomes incapable (of earning) and is returned to servitude, he reverts to being a slave to the heirs. Any money received by the executor (who is also the legatee) belongs to the legatee because he received it under the ruling of a valid bequest. The decision regarding declaring the slave incapable rests with the heirs because the right to him was established through their right to the obligation, and the right to the slave transfers to them. The legatee's right and bequest are nullified by the declaration of incapacity, so he has no say in that decision.