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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 8 · Page 579Section

Translation · EN

as is the case if one bequeaths the purchase of Zayd’s slave to be manumitted, then the slave dies, or his master does not sell him. If some of the dirhams are spent, and then the horse dies, the bequest for the remainder becomes void, just as if one had bequeathed the purchase of two slaves, and one of them died before being purchased. Al-Athram said: I heard Abu Abd Allah asked about a man who bequeathed one thousand dirhams for the 'cause of Allah' (al-sabil); should anything of it be allocated for Hajj? He replied: No, for people only recognize 'the cause' (al-sabil) as military expedition (ghazw).

Section: If one says, "My slave shall serve so-and-so for a year, then he is free," the bequest is valid. If the beneficiary of the service says, "I do not accept the bequest," or says, "I have gifted the service to him [the slave]," he does not become free immediately. This is the view of al-Shafi'i. Malik said: If he gifts the service to the slave, he is manumitted immediately. Our view is that he designated the manumission for after the passage of the year, so it does not occur before it, just as if he had rejected the bequest.

Section: If one bequeaths to his paternal uncle a third of his estate and to his maternal uncle a tenth of it, and their bequests are subject to abatement (rudd), they share proportionally in the third. If the maternal uncle receives six, multiply what he received by his [original] bequest—that is six by ten, equaling sixty—and divide it by the remainder between them; the division yields fifteen, which is the third. If you wish, you may say: The maternal uncle has received three-fifths of his bequest; two-fifths of the third remains, which equals what the maternal uncle received. So add to what the maternal uncle received half of it, which is its third, it becomes nine, which is what the paternal uncle received. If he said: The paternal uncle received a fourth, he has received three-fourths of his bequest, and half of a sixth of the third remains, which equals three-fourths of the maternal uncle’s bequest, which is seven and a half. The paternal uncle receives three times that, which is twenty-two and a half, and the entire estate is ninety. If he said: The maternal uncle received a fifth of the estate, he has remaining two-fifths of the third for the paternal uncle, so the result for the maternal uncle is also two-fifths of his bequest, which is four dinars.

Notes

(2) Omitted from A. (3) In the addition: "It is necessary that the paternal uncle receives three-fifths of his bequest." (4) In the original: "fahuwa". (5) In A and M: "lil-ladhi".

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