The judge said: His wala' is suspended. If the claimant is a just person, his testimony is not accepted, because he is claiming half of his value against his partner, thereby drawing a benefit to himself (13) through his testimony. Whoever testifies with testimony through which he draws a benefit to himself, his entire testimony is invalidated. As for if the defendant is poor, the word is his word with his oath, and nothing of him is emancipated. If the claimant is a just person, the slave takes an oath with his testimony, and half of him becomes free. Hammad said: If the one against whom the testimony is made is wealthy, he works for his freedom, and if he is poor, he works for both of them. Abu Hanifa said: If he is poor, the slave works for his freedom, and his wala' is between them. If he is wealthy, the wala' of his half is suspended; if he confesses that he emancipated [him], he is entitled to the wala', otherwise the wala' belongs to the public treasury (Bayt al-Mal).

Section: If one of the two partners says: "If this bird is a crow, my share is free," and the other says: "If it is not a crow, my share is free," and it flies away, and they do not know its state: if they are both wealthy, the entire slave is emancipated. If one of them is wealthy and the other is poor, the share of the poor partner is emancipated alone, for the reason we mentioned. If they are both poor, neither of their shares is emancipated because the violation [of the condition] was not determined in it. If one of them buys the share of the other, half of him is emancipated, because we know the freedom of his half, and it does not extend to the other half. If a stranger buys the slave (14), half of him is emancipated, because half of him is certainly free, so he did not own the whole of him.

1953 - Issue: He said: (And when a man dies and leaves two sons and two slaves, and he does not own anything else, and they are equal in value, and one of the sons says: "My father emancipated this one," and the other says: "My father emancipated one of them, I do not know which one of them," a drawing of lots shall be performed between them. If the lots fall on the one whom the son confessed his emancipation, two-thirds of him is emancipated if the two sons do not authorize his full emancipation, and the other remains a slave. If the lots fall on the other, one-third of him is emancipated, and the one for whom it was drawn (1) by his statement has one-sixth of him, and half of the other slave, and his brother has half of him, and one-sixth of the slave who he confessed his father emancipated. Thus, one-third of each of the two slaves becomes free.)

This issue is predicated on the emancipation being during death-bed illness [or by will] (2), because if