the third, then the first—or the one whose lottery was drawn—is the third, he is emancipated and the other remains in slavery. If it is the one less than the third, he is emancipated, and the remainder of the third is emancipated from the other. If one of them has evidence and the other has no evidence, or his evidence is corrupt, the owner of the upright evidence is emancipated and the other remains in slavery. If each of them has upright evidence, but one of them testifies that he emancipated Salim during his illness, and the other testifies that he bequeathed the emancipation of Ganim, and Salim was a third of the wealth, he is emancipated alone and the emancipation of Ganim is suspended upon the permission of the heirs; because a donation is given precedence over a bequest. If Salim is less than a third, the remainder of the third is emancipated from Ganim. If one of them testifies that he bequeathed the emancipation of Salim, and the other testifies that he bequeathed the emancipation of Ganim, they are equal, and a lottery is drawn between them, whether their dates coincide or differ; because in a bequest, the first and the last are equal. Abu Bakr and Ibn Abi Musa said: Half of each of them is emancipated without a lottery; because a lottery is only obligatory if one of them is a slave and the other is free, and that is not the case here, so the bequest must be divided between them, and the deficiency falls upon each of them according to the amount of his bequest, just as if he bequeathed wealth to two people. The first is the analogy of the school; because emancipation after death is like emancipation during the death-illness, and it is established regarding emancipation during the death-illness that a lottery is drawn between them according to the hadith of Imran ibn Husayn, so it is the same after death, and because the meaning necessitating the completion of emancipation for one of them in life is present after death, so it is established. As for if he was explicit, saying: "When I die, half of each of Salim and Ganim is free," or if his phrasing contained what necessitates it, or a context indicated it, what he intended is established.

Section: If the sick person left behind two sons, having no heir other than them, and they testified that he emancipated Salim during his death-illness, and two strangers testified that he emancipated Ganim during his death-illness, and each of them was a third of his wealth, and the two sons did not challenge their testimony, and both pieces of evidence were upright, then the ruling in it is the same as the ruling if