or 'You are free after my death.' Then he becomes a mudabbar.)

The gist of this is that if he attaches an explicit declaration of emancipation to death, saying: 'You are free,' or 'emancipated,' or 'a freed slave,' or 'emancipated [by me]' after my death, he becomes a mudabbar without any disagreement that we are aware of. As for saying: 'You are a mudabbar,' or 'I have granted you tadbir,' then he becomes a mudabbar by the utterance itself, without the need for intent. This is the explicit position of Al-Shafi'i. Some of his companions said: There is another view, that it is not explicit regarding tadbir and requires intent, because they are two expressions that are not commonly used, so they require intent, like indirect allusions (kinayat). Our argument is that these are two terms established for this contract, so they do not require intent, like a sale. They differ from indirect allusions, as those are not established for this purpose and others participate in them, thus they require intent for specification; and one of the two possibilities outweighs the other, unlike [a term] that is established [for its meaning].

Section: The mudabbar is emancipated after death from one-third of the estate according to the opinion of the majority of scholars. This is narrated from 'Ali and Ibn 'Umar. This is also the opinion of Shurayh, Ibn Sirin, Al-Hasan, Sa'id ibn al-Musayyib, 'Umar ibn 'Abd al-'Aziz, Makhul, Al-Zuhri, Qatada, Hammad, Malik, the people of Medina, Al-Thawri, the people of Iraq, Al-Shafi'i, Ishaq, Abu Thawr, and the People of Opinion (Ashab al-Ra'y). It is narrated from Ibn Mas'ud, Masruq, Mujahid, Al-Nakha'i, and Sa'id ibn Jubayr that he is emancipated from the entirety of the estate, because it is an emancipation, so it takes effect from the entire estate, like emancipation during health and the emancipation of the umm al-walad (mother of a child). Our argument is that it is a charitable act [taking effect] after death, so it is from the third, like a bequest. It differs from emancipation during health, as that does not involve the right of someone other than the emancipator, so it takes effect upon the whole, like an immediate gift. Hanbal reported from Ahmad that he is emancipated from the entire estate, but there is no practice upon this. Abu Bakr said: This is an old opinion that Ahmad retracted in favor of what the group reported.

Section: If emancipation during illness and tadbir coincide, the emancipation is given priority because it is earlier. If there is a combination of...