If a deceased master states, 'Enter into a contract of manumission with one of my male slaves (ʿabīdī),' and he also owned female slaves, who may the heirs choose?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the master specifies 'one of my male slaves,' the heirs may select one of them. However, the heirs are prohibited from entering into a contract of manumission with a female slave (amah) or an intersex person whose sex is indeterminate (khunthā mushkal), because the status of the latter as either a male slave or a female slave cannot be ascertained.