[what remains] of it, and it differs from the case where he bequeaths a specific thing, because it does not encompass any part of it.

Section: If he bequeaths to him something specific from his wealth, such as a garment, a house, or one hundred dirhams, the bequest is void according to the majority. This is the opinion of al-Thawri, Ishaq, and the People of Reason (Ahl al-Ra'y). Ibn Abi Musa mentioned another narration from Ahmad that it is valid. This is the opinion of Malik and Abu Thawr. Al-Hasan and Ibn Sirin said: If the heirs wish, they may permit it, and if they wish, they may reject it. Our argument is that the slave becomes the property of the heirs, so what he bequeathed to him is already theirs; it is as if he bequeathed to his heirs what they would inherit anyway, so there is no benefit in it. It differs from the case where he bequeaths an undivided share for the reason we have already mentioned.

Section: If he bequeaths his person (raqaba) to him, it is an act of tadbir (deferred emancipation), and he is emancipated if the one-third covers it. This is the opinion of Malik and the People of Reason. Abu Thawr said: The bequest is void because he does not own his person. Our argument is that he bequeathed to him someone he does not fully own in perpetuity, so it is valid, just as if he had bequeathed [it to his father], and because the meaning of bequeathing his person to him is his emancipation, since he knows he does not own his person, so the bequest of it becomes a metonymy (kinaya) for his emancipation after his death. If he bequeaths a portion of his person to him, it is an act of tadbir for that part. As to whether he is entirely emancipated if the one-third covers him, there are two narrations, which al-Khiraqi mentioned in the case where one grants tadbir for a portion of his slave while owning the entirety of him. The People of Reason said: He must work to earn the value of the remainder. This is a matter that will be addressed in the chapter on emancipation, if Allah the Almighty wills.

Section: If he bequeaths to his mukatab (slave under a contract of manumission), the mukatab of his heir, or the mukatab of a stranger, it is valid, whether he bequeaths an undivided share or a specific object, because his heirs have no claim to the mukatab and do not own his wealth. If he bequeaths to his umm walad (slave woman who has borne his child), the bequest is valid, because she is considered free at the time the bequest becomes binding.