Is a slave manumitted upon the master's death if the master says, 'If I die, you are free, or not'?

General Chapter

Al-Mughni

Book of Tadbir (Deferred Emancipation)

Book 67 · Issue 1 · Bab 1

Open in Qurani

Primary text

The slave does not become a mudabbar (manumitted upon the master's death) if the master states, 'If I die, you are free, or not,' or 'You are free, or you are not free.' This phrasing constitutes an inquiry (istifham) and does not definitively decree manumission.

Supporting text

This ruling is analogous to the situation where a man tells his wife, 'You are divorced, or not,' a matter detailed previously in the rulings concerning divorce.