to a large amount. What he mentioned regarding the slave's ownership is rejected, and no consideration is given to it, for even with this intention, his master is entitled to take it; thus, it is like the large amount.
Section: If he bequeaths the emancipation of his slave girl on the condition that she does not marry, then he dies, and she says, "I will not marry," she is emancipated. If she marries after that, her emancipation is not invalidated. This is the school of al-Awza'i, al-Layth, Abu Thawr, Ibn al-Mundhir, and the Ashab al-Ra'y (the people of reason/opinion). This is because once emancipation has occurred, it cannot be rescinded. If he bequeaths one thousand to his umm walad (slave woman who bore his child) on the condition that she does not marry, or on the condition that she remains with his child, and she does so and takes the thousand, then marries and abandons his child, there are two views regarding her. The first is that her bequest is invalidated because the condition was missed, so the bequest is missed, and it differs from emancipation, for that cannot be rescinded. The second is that her bequest is not invalidated. This is the opinion of the Ashab al-Ra'y, because her bequest was valid, so it is not invalidated by violating what was stipulated upon her, just like the first case.
Section: Our companions differed regarding a bequest to a murderer into three views. Ibn Hamid said: The bequest to him is permissible. He argued using the statement of Ahmad regarding someone who wounded a man by mistake, and the wounded man forgave him. Ahmad said: "It is reckoned from his one-third." He said: This is a bequest to a murderer. This is the opinion of Malik, Abu Thawr, and Ibn al-Mundhir, and it is the more evident of the two statements of al-Shafi'i, may Allah be pleased with him, because a gift to him is valid, so a bequest to him is valid, like the dhimmi (protected non-Muslim). Abu Bakr said: The bequest to him is not valid, for Ahmad has explicitly stated that if a mudabbar (slave granted deferred emancipation) kills his master, his tadbir (grant of deferred emancipation) is invalidated, and tadbir is a bequest. This is the opinion of al-Thawri and the Ashab al-Ra'y, because killing prevents inheritance, which is more emphasized than a bequest, so a bequest is more entitled to be prevented; and because a bequest is treated in the same manner as inheritance, so what prevents one prevents the other. Abu al-Khattab said: If he bequeaths to him after wounding him, it is valid; but if he bequeaths to him before it, and then the killing occurs subsequently to the bequest, it invalidates it, reconciling the two texts from Ahmad on both points. This is the opinion of al-Hasan ibn Salih. This is a sound view, for
(10) In (M): "dhakaruho" (they mentioned it).