Is the *Tadbir* (conditional manumission upon death) of a non-Muslim valid?

General Chapter

Al-Mughni

Book of Tadbir (Deferred Emancipation)

Book 67 · Issue 1 · Bab 1

Open in Qurani

Primary text

The *Tadbir* of a non-Muslim, whether a *Dhimmi* (protected non-Muslim) or a *Harbi* (warring non-Muslim), is valid whether executed in the abode of Islam or the abode of war. This validity stems from the fact that the non-Muslim possesses a sound right of ownership (*milkun sahih*), allowing his disposition of his property, similar to a Muslim. If it is argued that sound ownership should prevent disposal without his consent, this is rebutted by analogy to marriage, where a spouse gains rights over the other without their explicit selection, and by analogy to a debtor whose property is seized against their will to settle a debt. The ruling regarding the *Tadbir* of a non-Muslim follows the ruling concerning the *Tadbir* of a Muslim.