And he does not inherit; because he was only emancipated after death. If his father was gifted to him, he would be emancipated and would inherit; because a gift is not a bequest, and similarly if he inherited him. If he purchased his father and then emancipated him, he would not be emancipated according to the opinion of the Qadi; because if he does not become emancipated through ownership—which is stronger than emancipation through verbal declaration, as evidenced by its execution regarding the rights of a child and a mentally incapacitated person—then it is all the more reason that it should not be executed through verbal declaration.

Section: If a terminally ill person possesses someone who would inherit from him among those for whom he would not be automatically emancipated, such as his paternal cousin, and he emancipated him during his illness, his emancipation is a bequest considered from the one-third, as evidenced by the fact that the Prophet—may Allah bless him and grant him peace—drew lots among the slaves whom their master emancipated at the time of his death, and he had no other wealth but them, so their emancipation was considered from the one-third. According to this, the emancipation of the emancipated person is considered against the one-third; if it falls within the one-third, he is emancipated and does not inherit. This was mentioned by Abu al-Khattab regarding a terminally ill patient who came to possess his paternal cousin during his illness, then acknowledged that he had emancipated him while in good health; he becomes emancipated and does not inherit, because if he were to inherit, his acknowledgment would be in favor of an heir, which is not accepted. Thus, confirming his right to inheritance would lead to the invalidation of his emancipation, and then his inheritance itself would be invalid; therefore, his emancipation without inheritance is more appropriate. The implication of the Qadi's opinion is that he becomes emancipated and inherits; because he is a free person at the time of the death of the one he inherits from, is not a killer, and does not differ from him in religion, so he inherits, just as if he had inherited him. If it does not fall within the one-third, he is emancipated from it to the extent of the one-third and does not inherit, according to the first opinion. According to the opinion of the Qadi, he should inherit to the extent of the freedom he possesses, as mentioned regarding someone who is partially emancipated.

Section: Whatever obligations are binding upon a terminally ill person during his illness that he cannot avoid or drop, such as compensation (arsh) for an injury, the injury caused by his slave, what he exchanges for an equivalent price (thaman al-mithl), and what people typically overlook in similar transactions, it is from the capital (the entire wealth). We know of no disagreement regarding this. This is the view of al-Shafi'i and the scholars of opinion (Ahl al-Ra'y). Likewise, marriage with an equivalent dowry (mahr al-mithl) is permissible from the capital, because it is an expenditure of his wealth for his own needs, and is therefore given priority over his heir.