What is the ruling if manumission is conditioned upon an event occurring after the master's death, such as entering a specific house after the master's death?
General Chapter
Al-Mughni
Book of Tadbir (Deferred Emancipation)
Primary text
Regarding the statement, 'If you enter this house after my death, you are free,' there are two narrations attributed to Abu al-Khattab. The sounder opinion, which aligns with the established principle (Qiyas al-Mansus), is that the slave is not manumitted. This is because the condition requires an act to occur under the ownership of another party (the heirs), similar to setting a condition that exists after a sale, which invalidates the act. It is considered manumission established after the ownership has legally passed to the heirs, which is impermissible like an immediate grant. This view is supported by the ruling that one cannot set conditions on an action occurring after their property has been sold.
Supporting text
The second narration states that the slave is manumitted, a view held by Al-Qadi and the Hanbali school (Mundhab), based on the explicit wording, treating it like a bequest (Wasiyyah) for manumission. This is distinguished from post-sale dispositions because Islamic Law permits a person to dispose of one-third of their estate following death. However, the sounder view differentiates this from a bequest because the ownership is not firmly established in the heirs immediately upon death; if the slave accepts the condition, ownership is traced back to the time of death; if not, it remains with the heir. Consequently, the earnings of the slave before manumission belongs to the heir because ownership was firm before the condition materialized.