What is the effect of the master murdering the slave subject to *Tadbir*?
General Chapter
Al-Mughni
Book of Tadbir (Deferred Emancipation)
Primary text
The *Tadbir* is invalidated if the master murders the slave for two reasons. Firstly, the master intended to hasten manumission through an unlawful act (murder), and is punished by the nullification of his intention, which is the invalidation of the *Tadbir*, analogous to the prohibition of inheritance by the heir who kills the deceased. Secondly, since manumission through *Tadbir* is a benefit that accrues upon death, it is nullified by the act of killing, just as inheritance and bequest (*wasiyyah*) are nullified. This ruling does not apply to *Umm Walad*; her freedom is confirmed due to the stronger legal status resulting from procreation, which completely bars the transfer of ownership, hence why her sale, gift, or use as collateral, or verbal revocation, is impermissible. Inheritance is a form of transfer, and if she were not freed upon her master's death, ownership would transfer to the heirs, which is impossible. Furthermore, the cause for *Umm Walad*'s freedom—the physical relationship and partial connection established through her child—is weightier than a mere statement, which is why the manumission initiated by an insane person is effective, though his manumission or *Tadbir* is not executed, and the ruling regarding an insolvent master's *Istilad* (establishing a bondswoman as *Umm Walad*) extends to his partner's share, unlike manumission where freedom originates from the capital, and *Tadbir* is only valid up to one-third. Creditors cannot invalidate the freedom of the *Umm Walad* even if the master is bankrupt, unlike the *mudabbar*.
Supporting text
The invalidation of the *Tadbir* due to the master's killing applies whether the act was intentional or by mistake, analogous to the rule concerning the deprivation of inheritance and the nullification of the killer's bequest.