even if it involves the loss of the physical asset of the wealth. It is also possible that it remains pending upon permission, because there is a valid interest in the specific items, and just as it is not permissible to invalidate the heir's right regarding the amount of his share, it is not permissible to do so regarding the specific item.

Section: If a sick person comes to own someone who would be manumitted by him (due to a prohibited degree of consanguinity) without compensation, that person is manumitted and inherits. This is the opinion of Malik and some of the companions of al-Shafi'i. Al-Khabri narrated it as a doctrine of al-Shafi'i. There is no disagreement among them that if he owns him through inheritance, he is manumitted and inherits. Abu Hanifa said: If it is covered by the third (of the estate), he is manumitted and inherits; otherwise, he must exert effort (work) to cover the remainder, and he does not inherit. He did not distinguish between owning him with compensation or without. Abu Yusuf and Muhammad said: Their inheritance is calculated from their value; if there is a surplus, he takes it, and if there is a deficit regarding them, they must work for it. We argue that the sick person did not place any of his wealth into them; rather, he engaged in a cause for their ownership in a manner that did not become established, and it ceased without his direct act of removal. Therefore, it is not calculated against his third, just as if he had been gifted something and the donor retracted it before possession, or if he bought something that was advantageous under an option clause and the seller rescinded the deal, or he found a defect in the price and rescinded the sale, or a woman married and was divorced before consummation. Since there is no bequest calculated against the third, he is not prevented from inheriting, just as if he had owned him through inheritance [according to the one who affirms it, or as if that were during his health. If he owned him with compensation, like a purchase] then al-Khabri narrated from Ahmad that he is manumitted and inherits. This is the view of Ibn al-Majishun and the people of Basra. The Qadi said in "al-Mujarrad": If he owned him with compensation, and it came out of the third, he is manumitted and inherits; otherwise, he is manumitted from it to the extent of the third. This is the opinion of Malik. Al-Khabri said: This is one of two views for the companions of al-Shafi'i. [Another person narrated from al-Shafi'i] that there is no difference according to him between owning him with compensation or without, and that if it comes out of the third he is manumitted; otherwise, he is manumitted from it to the extent of the third, and he does not inherit in either case; because if he were to inherit, his manumission would be a bequest