to his brother. His two companions said: Three-quarters of him are manumitted. According to al-Shafi'i, in the report other than that of al-Khabri, half of him is manumitted and half of him remains a slave, and the half that is the slave and all fifty belong to his brother. If the remaining estate is three hundred, then according to us, he is manumitted and possesses one hundred and fifty. According to al-Shafi'i, he is manumitted but inherits nothing. According to the two companions of Abu Hanifa, he is manumitted and possesses one hundred. If he had purchased his son for one hundred, then died, and left another son and another hundred, then according to the first narration, he is manumitted and shares the remaining one hundred with his brother. According to what the Qadi narrated, two-thirds of him is manumitted and he inherits forty, while the remainder of him is manumitted upon his brother, and he does not inherit anything from that portion, because his manumission occurred after his father's death. According to al-Shafi'i, two-thirds of him is manumitted, and he does not inherit. Abu Hanifa said: Two-thirds of him is manumitted, and he must work for the remainder, and he does not inherit. According to his two companions, he is entirely manumitted, and he inherits nothing. If he had given away a third of him as charity before that, or had favored him with it, he would not be manumitted because the third had already departed.

Section: If a person comes to own one of his heirs who is not someone whose manumission is mandatory upon him, such as his paternal cousins, and he manumits them during his illness, their manumission is a bequest, because it occurred through his action and volition. Their ruling regarding manumission is the same as that of strangers; if they come out of the third, they are manumitted, otherwise, only the portion of them equal to the third is manumitted. It is appropriate that they are manumitted and do not inherit, because if they were to inherit, it would be a bequest to an heir, so their manumission would be void, and then their inheritance would be void. Abu al-Khattab stated regarding a man who owned his paternal cousin and then acknowledged during his illness that he had manumitted him while in good health: He is manumitted and does not inherit. This is within the meaning of what we mentioned, because his acknowledgement to an heir is not accepted, so we prevented his inheritance so that his acknowledgement of manumission for him could be accepted.

Section: A sick person purchased his father for one thousand, having no other wealth besides him. According to the narration of al-Khabri, he is entirely manumitted. According to the other view, a third of him is manumitted upon the manumittor, and the remainder is manumitted upon his son. This is the view of Malik. Abu Hanifa said: A third of him is manumitted, and he must work for his son for the other two-thirds. And according to the view of...