A man who frees his slave during his illness

Masruq (may Allah have mercy on him) was asked about a man who freed his slave in his final illness and had no other wealth besides him. He (may Allah have mercy on him) said: "This decision of his takes effect on the whole of him. What he freed for the sake of Allah I cannot reject."

And Shurayh (may Allah have mercy on him) said: "I will enforce it for one third of him, and I will require him to work for the remaining two thirds."

Isma'il said: I said to al-Sha'bi (may Allah have mercy on him): "Which of the two views do you prefer?" He (may Allah have mercy on him) said: "In fatwa I prefer the view of Masruq (may Allah have mercy on him), and in judicial rulings (qada) I prefer the view of Shurayh (may Allah have mercy on him)."

Sayyiduna Ibn Mas'ud (may Allah be pleased with him) said: A third of him will be counted as free.

Ibrahim (may Allah have mercy on him) said concerning a person who frees his slave in his final illness and has no other wealth besides him: A third of him will be counted as free, and he will work for the remaining two thirds.

Al-Sha'bi (may Allah have mercy on him) said: If a person makes a bequest to free his slave, the bequest takes effect from one third of the wealth. If the slave's value is more than the third, the slave will work for the excess amount.