Is a conditional manumission contingent on death after a specified period valid?

General Chapter

Al-Mughni

Book of Tadbir (Deferred Emancipation)

Book 67 · Issue 1 · Bab 1

Open in Qurani

Primary text

Ahmad, in the narration of Mihna, holds that manumission contingent upon the master's death followed by a specified period (a month or a day) is invalid, and this specification is not sound. This view is also chosen by Abu Bakr. The ruling is that nothing takes effect after the master's death under such a condition.

Supporting text

A contrary narration, supported by the two Qadis Ibn Abi Musa and Abu Ya'la, states that manumission takes effect if both conditions are met: the death of the master and the passage of the specified time. This view is also held by Al-Thawri, Abu Yusuf, and Ishaq.