the condition is met, the ruling is traced back to the beginning of the cause. Regarding the bequest of emancipation, the cause has not been realized; rather, he has bequeathed its realization, which is the emancipation. When it is realized, it is not permissible for its ruling to be established prior to it. For this reason, the legatee has the right to accept on his own behalf, while here the slave does not have the right to emancipate himself. If the slave dies after the death of his master and before his emancipation, his earnings belong to the heirs, according to our view, and I am not aware of the view of anyone who disagrees with us on this.

Section: If he makes the emancipation of his slave contingent upon a condition during his health, and it is realized during his illness, its payment out of the one-third is taken into consideration. Abu Bakr stated this, saying: Ahmad has explicitly stated the likes of this regarding divorce. Abu al-Khattab said: There is another view, which is that he is emancipated from the capital [the entire estate]. This is the school of al-Shafi'i, because he is not suspected [of trying to favor someone] in it, so it resembles emancipation during his health. Our position is that he was emancipated at a time when the heirs' right had become attached to two-thirds of his property, so it is reckoned from the one-third, like an immediate [emancipation]. As for their statement that he is not suspected in it, we say: Similarly, an immediate emancipation is not suspected in it; for a person is not suspected of showing favoritism to a non-heir and prioritizing him over his heir, but he is prohibited from doing so because of the harm it causes the heirs, and this is present here. If he were to say, "If Zayd arrives, and I am ill, you are free," and he arrived while he was ill, it would be considered from the one-third, by a single consensus.

Section: If one emancipates a slave who has wealth, his wealth belongs to his master. This has been narrated from Ibn Mas'ud, Abu Ayyub, and Anas ibn Malik. Qatada, al-Hakam, al-Thawri, al-Shafi'i, and the scholars of opinion (Ashab al-Ra'y) held this view. This has also been narrated from Hammad, al-Batti, Dawud ibn Abi Hind, and Humayd. Al-Hasan, 'Ata', al-Sha'bi, al-Nakha'i, Malik, and the people of Medina said: His wealth follows him; because of what Nafi' narrated from Ibn 'Umar from the Prophet (peace be upon him) that he said: "Whoever emancipates a slave who has wealth, the wealth belongs to the slave." Narrated by