one hundred, and he set her dower at two hundred, and he has no wealth other than them, and they are equivalent to her dower of similar women (mahr al-mithl): the emancipation, the dower, and the marriage are valid, because the two hundred are her dower of similar women, and the marriage of a sick person for the dower of similar women is valid and binding. This is not good, for it leads to the execution of emancipation during sickness from the entire estate, and I do not know anyone who holds this view. If he had wasted the two hundred, or assigned them as a dower to a foreign woman, and then died without leaving anything, the emancipation of two-thirds of the slave woman would be void; so if she takes them [the two hundred], it is more appropriate for it to be void. The correct view is what we have mentioned, if Allah Almighty wills. Abu Hanifa said regarding the case where he leaves twice her value and her dower is half her value: she is given her dower and one-third of the remainder, according to that from her value, which is half of it and one-third of it, so that amount is emancipated, and she strives (tas'a) for the remaining one-sixth of her, and her marriage is void. As for if he leaves four times her value, her emancipation, marriage, and dower are valid according to everyone, because that falls within the third, and she inherits from the remainder according to our companions, and it is the view of Abu Hanifa. Al-Shafi'i said: She does not inherit. This is the requirement of the view of al-Khiraqi, because if she were to inherit, her emancipation would be a bequest to an heir, and a bequest is considered effective upon death.

Section: If a sick woman emancipates a slave whose value is ten, and marries him for ten [owed] as a liability upon her, then she dies and leaves one hundred. The view of our companions necessitates that the ten which are in his liability be added to the one hundred, and that becomes the estate; he inherits half of that, and there remains fifty-five for the heirs. This is the school of Abu Hanifa. His two companions said: His value is also calculated against him and added to the estate, and sixty remains for the heirs. Al-Shafi'i said: He does not inherit anything, and he must pay the ten that are in his liability, so that his emancipation does not become a bequest to an heir. This is the requirement of the view of al-Khiraqi, if Allah Almighty wills.

Section: If a sick man marries a woman whose dower of similar women is five, and he sets her dower at ten while he possesses nothing else, then he dies and she inherits from him, the preferential treatment (muhabat) is void because it is a bequest to an heir, and she receives her dower and a quarter of the remainder by way of inheritance. If she dies before him, the preferential treatment is valid, and circularity (al-dawr) enters into it, so we say: she has her dower which is five, and a portion by way of preferential treatment, and five portions remain for the heirs of the husband, then it returns to them