And he is insolvent. As for if one-third of his estate suffices for the value of his partner's share, there are two narrations. One of them is that it extends (sariya) to the partner's share, so the entire slave is emancipated, and the partner is given the value of his share from the one-third; because the one-third of the estate is fully owned by the emancipator, and he has the right to dispose of it through donation, emancipation, and other means, so it functions like the property of one who is healthy, thus his emancipation extends just like the extension of the emancipation of a wealthy healthy person. The second narration is that only his share is emancipated; because upon his death, his ownership passes to his heirs, so nothing remains from which the partner can be compensated. Al-Awza'i held this view, because the deceased should not be caused harm. Al-Qadi said: What he emancipated during his terminal illness extends, and what he designated for tadbir or bequeathed for emancipation does not extend. He also said: The narration concerning the extension of emancipation during life is more correct, and the narration concerning its suspension in tadbir is more correct. This is the school of al-Shafi'i; because emancipation during life is effective from a state of the emancipator's ownership and the validity of his disposition, and his disposition of his one-third is like the disposition of one who is healthy regarding his entire wealth. As for tadbir and bequests, emancipation only occurs through them in a state where the emancipator's ownership and dispositions cease. And Allah knows best.

1960- Issue: He said: "And the ruling is the same if he designates part of him for tadbir, while he is the owner of the entirety of him."

Its summary is that if he designates a part of his slave for tadbir, which is to say: "When I die, then half of my slave is free," then he dies, if the designated half is one-third of his estate without any excess, he is emancipated and it does not extend; because if he had designated all of him for tadbir, only one-third of him would have been emancipated, so if he only designated one-third of him, it is more appropriate. And if the entire slave fits within the one-third, there are two narrations regarding completing the freedom. One of them is that it is completed. This is the opinion of the majority of jurists; because Abu Hanifah and his companions view tadbir like emancipation regarding extension (sariya). This is one of the two opinions of al-Shafi'i; because it is an emancipation of a part of his slave, so the entirety of him is emancipated, just as if he had emancipated him during his life. The second narration is that the emancipation is not completed; because it does not prevent the validity of sale, so it does not extend, just like attaching it to a condition.