What is the ruling if the value of the *kitabah* exceeds the one-third limit of the estate?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the slave is unable to fulfill the terms of the *kitabah*, the heir has the right to return him to servitude. If the value of the *kitabah* cannot be covered entirely from the one-third bequest portion, only that portion which fits within the one-third is executed as *kitabah*.

Supporting text

If the testator made other bequests besides the *kitabah* which collectively exceed the one-third limit, all bequests share the reduction proportionally, with the deficit applied to each bequest according to its assigned share.