except by authorization from the heirs. If one of them bequeaths to the other, then he divorces her, the bequest becomes valid, because she has become a non-heir. However, if he divorces her during his death-sickness, the analogy (qiyas) of the school is that she is not given more than her inheritance; because he is suspected of having divorced her in order to let his wealth reach her through the bequest, so it is not executed for her, just as if he had divorced her during his death-sickness or bequeathed to her more than she would have inherited.

Section: If he emancipates his slave woman in his health, then marries her in his sickness, it is valid, and she inherits from him without any disagreement that we are aware of. If he emancipates her in his sickness, then marries her, and she falls within the limit of his third, al-Marwudhi reported from Ahmad that she is emancipated and inherits. This is the chosen view of our colleagues, and it is the opinion of Abu Hanifa, because she is a woman whose marriage is valid, and there is not found in her case any of the impediments to inheritance, which are slavery, killing, and difference of religion; thus she inherits, as if he had emancipated her in his health. Al-Shafi'i said: She is emancipated but does not inherit, because if she were to inherit, her emancipation would be a bequest to an heir, and treating her as an heir would lead to the cancellation of her being an heir, because that requires invalidating her emancipation, which would invalidate her marriage and then her inheritance. Therefore, invalidating only the inheritance while validating the emancipation and marriage is more appropriate.

Section: If he emancipates a slave woman and possesses nothing else, then marries her, the marriage is valid in appearance. If he dies and does not possess anything else, it becomes clear that her marriage is void, and her dower (mahr) lapses if he has not consummated with her. This is the opinion of Abu Hanifa and al-Shafi'i. One-third of her is emancipated, and two-thirds of her remain a slave. If he has consummated with her and her dower is half her value, three-sevenths of her are emancipated, and four-sevenths remain a slave. The calculation for this is that you say: a portion of her is emancipated, and she has, for her dower, half a portion, and for the heirs are two portions. Adding these together makes three and a half portions; we expand them to become seven, of which she has three, and they have four, and there is nothing for the deceased other than her, so we allocate to her person three-sevenths of her to be free, and the rest is for the heirs. If the heirs desire to pay her, her share of her dower, which is two-sevenths, she is emancipated by two-sevenths of her