unlike the case where he bequeaths his emancipation, for he becomes free, and it is not contingent upon his choice or his consent. If he rejects the bequest, it becomes void. If he returns and requests it, he is not obligated to respond to him, because his bequest became void upon rejection, thus it resembles a bequest of wealth. If he did not reject it, he is obligated to respond to his request. If he fulfills it [and is emancipated, then] his wala' (right of patronage) belongs to the one who bequeathed his kitaba, just as if he had bequeathed his emancipation. If he fails, the heir has the right to return him to slavery. If it does not cover the third, he is granted kitaba only for what the third covers. If he had made other bequests besides the kitaba that do not fall within the third, they share the third proportionally, and the deficit is applied to each one of them according to the extent of his share in the bequest. It is possible to deduce that the kitaba should be prioritized, based on the narration that prioritizes emancipation; because the objective of kitaba is emancipation and it leads to it. It is also possible that it should not be prioritized under any circumstances, because emancipation is a pre-eminence and an extension, not the kitaba itself, and its leading to emancipation does not necessitate prioritizing it, just as if he bequeathed his son to a man; it is not prioritized, even though the intent behind his bequest is emancipation, and it leads to it.

Section: If he says, "Grant kitaba to one of my slaves," then the heirs have the right to grant kitaba to whomever they wish among them, according to one of the two views. According to the other, they grant kitaba to one of them by drawing lots. If he says, "One of my male slaves," it is the same, except they may not grant kitaba to a slave girl or an ambiguous hermaphrodite (khuntha mushkil), because it is not known whether the hermaphrodite is a slave (or a slave girl). If he says, "One of my slave girls," they may not grant kitaba to a male slave, nor an ambiguous hermaphrodite, likewise. If the hermaphrodite is not ambiguous and is a male, they may grant him kitaba if he says, "Grant kitaba to one of my male slaves." If he is a female, they may grant her kitaba if he says, "Grant kitaba to one of my slave girls," because this is a defect in him, and a defect does not prevent kitaba. And Allah knows best.

Section: A corrupt (fasid) kitaba is when he grants him kitaba for an unknown compensation, or a compensation that is immediate, or