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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 14 · Page 377Section

Translation · EN

and they shall perform mutual set-offs, and each one of them shall return the excess to the other. Regarding the one who says in the case of a bequest: ownership is not established in it through death; the ruling is the same as if they had accepted it all at once.

Section: If a man owns half of two slaves of equal value, and he owns nothing else, and he emancipates one of them while in good health, it becomes free, and the emancipation spreads to the share of his partner because he is wealthy regarding the half he possesses of the other slave. If he emancipates the other half, it becomes free, because the obligation of the valuation upon his liability does not prevent the validity of his emancipation, and it does not spread because he is insolvent. If he emancipates the first while in his death-sickness, it does not spread, because his emancipation is only valid up to a third of his wealth, and a third of his wealth is a third of the slave of which he emancipated half. When he emancipates the second, it is suspended upon the permission of the heirs. If he emancipates the first in his good health and the second in his sickness, the emancipation of the second does not take effect, because there is a debt upon him that consumes its value, which prevents the validity of his emancipation unless the heirs permit it.

Section: If two witnesses testify against a man that he emancipated his share in a slave, and it spread to the share of the partner, and he paid him the value of his share, then they retracted their testimony, they are liable for the value of the entire slave. Some of the followers of al-Shafi'i said: The liability for his share is required of them, but not the share of his partner, because they only testified to the emancipation of his share, so the liability for other than that is not required of them. Our argument is that they caused him to lose his share and the value of his partner's share, so the guarantee for it is required of them, just as if they had caused the loss by their own action, and as if they testified against him regarding a wound, then the wound spread and the wounded person died, so they guaranteed the blood money, then retracted their testimony.

Section: If two witnesses testify against a deceased person regarding the emancipation of a slave during his death-sickness, which is a third of his wealth,

Notes

(32) In the original: "in this". (33) In M, an addition: "of the other slave". This is an interpretation. (34) Omitted from: the original. (35) In the original: "he emancipated". (36) In the original: "the emancipation". (37) In the original: "permits it". (38) In M: "عهد" (ahd). A distortion.

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