Distribution of manumission rights from a third of the estate when the deceased leaves behind two mortgaged slaves (Muddabbar) and a debt.
General Chapter
Al-Mughni
Book of Tadbir (Deferred Emancipation)
Primary text
If the deceased leaves behind two *Muddabbar* (slaves conditionally manumitted upon the master's death), and there is an outstanding debt, the manumission rights for both slaves shall be drawn from the one-third portion of the estate, contingent upon that one-third being realized. A lottery (*Qur'ah*) is cast between the two slaves to determine which one benefits from the manumission entitlement equivalent to one-third of their total value. The remaining portion of the first slave and the entirety of the second slave remain contingent (not fully manumitted). As portions of the debt are satisfied, the manumission of the slave selected by the lottery is completed up to their one-third value, and any remainder is applied to the second slave, continuing until both are fully manumitted or the one-third limit is reached.
Supporting text
If the debt cannot be fully satisfied from the estate, the manumission entitlement (the one-third portion) is not enforced against the slaves' values. Furthermore, if the slave selected by the lottery is found to be legally claimed by another (i.e., not fully owned by the deceased), that specific manumission is voided, and the one-third manumission entitlement is applied instead to the other slave.