Section: As for if he emancipates a part of his slave during his terminal illness, it is like emancipating the entirety of him. If it fits within the one-third, the entirety of him is emancipated, and if not, then a portion of him equivalent to the one-third is emancipated; because emancipation during illness is like emancipation during health, except regarding its consideration from the one-third, and the sick person's disposition of his one-third regarding a foreigner is like the healthy person's disposition of his entire wealth, [as if he emancipated a share he owns in a slave, and his one-third can cover the entirety of him]. According to another narration, only that which was emancipated [is emancipated].
Section: And if one of the two partners designates his share for tadbir, it is valid, and nothing becomes immediately incumbent upon his partner. This is the opinion of al-Shafi'i. Then, when he dies, the part he designated for tadbir is emancipated, if it fits within one-third of his estate. Regarding its extension (sariya) to the partner's share, it is as we mentioned in the issue before it. Malik said: If he designates his share for tadbir, they have it appraised; if it becomes part of the tadbir, it all becomes under tadbir, and if it becomes the other's, it all becomes bondsman property. Al-Layth said: The one who made the tadbir compensates his partner for the value of his share, and the entire slave becomes under tadbir; if he has no wealth, the slave works to earn the value of the partner's share, and when he pays it, the entire slave becomes under tadbir. Abu Yusuf and Muhammad said: The one who made the tadbir guarantees the partner the value of his right, whether he is wealthy or insolvent, and the slave becomes for him. Abu Hanifah said: The partner has a choice; if he wishes, he designates for tadbir, if he wishes, he emancipates, if he wishes, he puts the slave to work for the value, and if he wishes, he makes his companion guarantee if he is wealthy. Our argument is that it is an attachment of emancipation to a condition, so it is valid regarding his share, just as if he had attached it to the death of his partner.
1961- Issue: He said: "And if he emancipated them, and his one-third can cover them, so we emancipated them, then a debt appeared against him that consumes them, we sell them to pay his debt."
Its summary is that when a sick person emancipates his slaves during his illness, or designates them for tadbir, or bequeaths their emancipation,
(4) In the original: "ka-'itqihi" (like his emancipation). (5) In the original: "a'taqa" (he emancipated). (6) This came in A after his saying: "bi-qadr al-thulth" (equivalent to the one-third). The previous. (7) In M: "wa-qablah" (and before it). (8) Omitted from: A.
