What is the legal implication of a master saying to his slave, 'If you wish, you are free after my death'?
General Chapter
Al-Mughni
Book of Tadbir (Deferred Emancipation)
Primary text
If the master states, 'If you wish, you are free after my death,' or similar conditional phrasing ('when you wish,' 'whenever you wish,' or 'any time you wish after my death'), it constitutes a qualified Tadbir (manumission contingent upon a condition). If the slave exercises this option during the master's lifetime, the slave immediately becomes a Muddabbar (a slave designated for manumission upon the master's death) and is freed upon the master's death. This is analogous to the condition: 'If you enter the house, you are free after my death,' where entry during the master's life establishes the decree. However, if the master dies before the slave exercises the option (Mashia'a), the condition is nullified, similar to the house example.
Supporting text
If the slave wishes after the master's death, and the initial phrasing was 'whenever you wish after my death,' this constitutes a condition tied to an event subsequent to death, which is generally invalid. However, according to Al-Qadi's view on its validity, the manumission would take effect upon the slave's wish subsequent to the master's death. In this case, any earnings acquired by the slave before exercising the wish belong to the master's heirs, because the slave was not yet legally free. This differs from a bequest (Wasiyyah), where there are two views regarding earnings before acceptance; here, ownership does not establish itself before the condition (wish) is met.