One Who Makes a Bequest That Includes the Freedom of a Slave

Mujahid narrates from Hazrat Umar (may Allah be pleased with him) that when a will and the freeing of a slave are combined, then it should be divided into shares.

Nafi' narrates from Hazrat Ibn Umar (may Allah be pleased with them) that when the emancipation of a slave and a bequest are combined, then the emancipation of the slave should be given precedence.

Hakam narrates that Hazrat Shurayh (may Allah have mercy on him) used to begin with the emancipation of the slave.

Mughira narrates that Ibrahim said regarding the man who, during his illness, made a bequest to free his slave and also made some other bequests, that the slave will be freed before fulfilling the other bequests. However, if he made a bequest that a slave should be bought and then freed, then that bequest will be treated like the other bequests.

Yunus narrates that Hasan used to say that the slave should be freed first, even if only that slave comes out of the one-third of the wealth.

Ayub narrates that Muhammad says: In a will in which the emancipation of a slave is also mentioned, and if that will exceeds one third of the wealth, then one third of the wealth will be distributed among the beneficiaries of the will on the basis of their shares.

Shaibani narrates from Masruq through one chain that he said regarding the emancipation of a slave and another bequest, that the other bequest will be started with.

Mutarrif narrates from Sha’bi about distributing among the rightful heirs on the basis of the shares of the will.

Mansur narrates from Ibrahim that the emancipation of the slave will be started with.

Hammad narrates that Ibrahim said that the emancipation of a slave will commence from the time when the testator specifies and emancipates the slave.

It is narrated from Waki’ that Hazrat Sufyan said: When a person makes a will regarding various things and then says: “Also free a slave on my behalf,” then the will shall be divided on the basis of shares. And when he says: “Such-and-such slave is free,” then the freedom of the slave will be executed first.

It is narrated from Ibn Jurayj that Hazrat Ata said that the slave will be set free first.

Hajjaj narrates from Hazrat Ata that the will shall be divided on the basis of shares.

Hakam narrates that Ibrahim said: The slave will be set free first.

Hajjaj narrates that Hazrat Sha'bi said about the man who, at the time of his death, left two thousand dirhams and a slave whose value was one thousand dirhams, and he made a bequest to give five hundred rupees to a man and set the slave free, that the slave will be set free and the remaining bequest will be void.