at the turn of the year. He does not become free until the turn of the year arrives, and he has the right to sell him, gift him, rent him, and have relations with the slave-girl. This is the opinion of al-Awza'i, al-Shafi'i, and Ibn al-Mundhir. Ahmad said: If he says to his servant, "You are free until so-and-so arrives," the arrival of so-and-so is the same, as is "until the turn of the year" and "until the turn of the month." He only intends when the turn of the year or the turn of the new moon arrives. And if he says, "You are divorced when the new moon arrives," she is only divorced when the turn of the new moon arrives. Ishaq said the same as Ahmad. It is narrated from Malik that if he says to his slave, "You are free at the turn of the year," he becomes free immediately. As for what Ibn al-Mundhir narrated from him, it is that if it is a slave-girl, he may not have relations with her because he does not own her with full ownership, nor can he gift her, sell her, or have lineage established from her. And if the master dies before the time, she is free at the time, from the principal estate. It has been narrated from Ahmad that he should not have relations with her because his ownership over her is not complete. The first is more correct, due to what was narrated from Abu Dharr, that he said to his slave, "You are free at the turn of the year." If emancipation were not contingent upon the year, he would not have made it contingent upon it. Also, because he made the emancipation contingent upon a condition, it must be contingent upon it, just as if he said: "If you pay me a thousand, you are free." Being entitled to emancipation does not prevent sexual relations, unlike the status of an "umm walad" (mother of a child). It also does not equate to a "muktaba" (contractual emancipation), because she has purchased herself from her master in exchange for compensation, and his ownership over her earnings has ceased, unlike in our issue.

Section: When the time arrives while the slave is in his possession, he becomes free, without any disagreement that we know of. If he departs from his possession through sale, inheritance, or gift, he does not become free. This is the opinion of Abu Hanifah and al-Shafi'i. Al-Nakha'i and Ibn Abi Layla said: If he says to his slave, "If you do such and such, you are free," and then he sells him in a valid sale, and then he performs that act, he becomes free, and the sale is annulled. Ibn Abi Layla said: If he swears by divorce, "I will not speak to so-and-so," then divorces her with a final divorce, and then speaks to her, he has broken his oath. The majority of scholars hold the opposite of this view because the Prophet (peace be upon him) said: "There is no divorce, no emancipation, and no sale regarding that which the son of Adam does not possess." And because he has no ownership, his divorce and emancipation do not take effect, just as if he had no prior wealth.