And he only bequeathed to him the wealth that is upon him. If he becomes incapable and is returned to slavery, he returns as a slave to the heirs, and whatever the legatee has seized (9) of the wealth belongs to him, because he seized it by virtue of a valid bequest. The matter of declaring his incapacity rests with the heirs, because the right was established (10) for them upon his incapacity, and the slave becomes theirs, so the choice in that matter rests with them. As for the legatee, his right and his bequest are nullified by his incapacity, so he has no right in that matter. If he bequeaths the kitaba wealth to the poor, and appoints a man to collect it and distribute it among them, it is valid. Whenever he delivers the wealth to the executor (11), he is absolved of it, and he is emancipated. If he releases him from it, he is not absolved, because the right belongs to someone else. If the mukatab pays it to the poor, he is not absolved from it, and he is not emancipated, because the appointment is with the executor, not with him. If he bequeaths that the wealth be paid to his creditors, payment from it is determined, just as if he had bequeathed it as a gift to him. If he had only bequeathed (12) the payment of his debts generally, it is upon the mukatab to bring the heirs and the executor together regarding the payment of the debt, and pay it to them in their presence, because the wealth belongs to the heirs, and they have the right to pay the debt from it or from other sources. The executor (13) also has a right in the payment of the debt, for he (14) has the right to prevent them from disposing of the estate before the debt is paid.

Section: If a man dies and leaves two sons and a slave, and the slave claims that his master had contracted a kitaba with him, and they both confirm it, the kitaba is established, because the right belongs to them. If they deny it and he has evidence for his claim, the kitaba is established, and he is emancipated upon paying to them. If he becomes incapable, they have the right to return him to slavery. If they do not declare his incapacity and are patient with him, they do not possess the right of rescission. If one of them declares his incapacity and the other refuses, half of him remains under kitaba, and the other half returns to slavery. If he has no evidence, then their statement is the one accepted alongside their oaths, because the original state is the continuation of slavery and the absence of kitaba. Their oaths (15) are regarding the negation of knowledge, so they swear by Allah