the third. Abu Bakr said: The gift of the captive is from the third, and he made no distinction. This was also held by al-Zuhri, al-Thawri, and Ishaq. Ibn al-Mundhir narrated it from Ahmad. Al-Qadi interpreted what was narrated from Ahmad regarding this according to the detailed explanation we mentioned initially. Al-Sha'bi and Malik said: The warrior's gift is from the third. Masruq said: [It is when] he places his foot in the stirrup. Al-Awza'i said: The one besieged in the cause of Allah, and the imprisoned who awaits death or that his eyes be gouged out, is subject to his third. The correct view, God willing, is the detail we have mentioned; because mere imprisonment and captivity without fear of death is not an illness, nor is it in the meaning of illness regarding fear, so it is not permissible to annex it to it. And if the sick person who does not fear destruction has his gift taken from his entire estate, then others are even more entitled to this.

The fifth [situation]: if the plague occurs in a town, it is narrated from Ahmad that it is a dangerous state. It is also possible that it is not a dangerous state, for it is not an illness, and only the illness is feared. And Allah knows best.

Chapter: The exit of the gift from the third is considered at the time of death. Whatever portion comes out from the third, we determine that the gift was valid within it at the time of the gift. If the gifted [slave] earns or acquires anything, it is divided between the heirs and the recipient according to the extent of their share in it, which may lead to circularity (al-dawr). An example of this is if one emancipates a slave while having no wealth other than him, and the slave earns an amount equal to his value during the lifetime of his master. The slave has a portion of his earnings equal to the portion of him that was emancipated, and the remainder belongs to his master. Thus, the master's wealth increases, the degree of freedom increases accordingly, and his [the slave's] right to his earnings increases, which decreases the master's right to the earnings, and consequently decreases the amount of the slave that is emancipated. This is extracted by algebraic calculation (al-jabr). It is said: A portion (shay') of the slave has been emancipated, and he has a portion of his earnings because his earnings are equal to him. The heirs have two portions of the slave and his earnings, because they possess twice what has been emancipated of him. A portion of him has been emancipated, and the slave is not charged for what he acquired of his earnings because he became entitled to it through his free part, not from the side of his master. So it becomes: