Sunan Sa'id

Sayyiduna Ibn Umar (may Allah be pleased with them both) said: "If the bequest is more than one third and all of it cannot be fulfilled, then the freeing of slaves will be carried out first."

Masruq bin Ajda’ (may Allah have mercy on him) also said: “The slaves will be set free first.”

Shurayh (may Allah have mercy on him) said: "The first thing to be done is the emancipation of slaves." And Hakam bin ‘Utaybah (may Allah have mercy on him) said that Shurayh (may Allah have mercy on him), when passing judgment regarding some people of the Kindah tribe, first ordered the emancipation of slaves.

Ibrahim Nakha'i (may Allah have mercy on him) said: "The slaves will be set free first."

Ibrahim al-Nakha'i (may Allah have mercy on him) said: "When a person makes a bequest for the emancipation of slaves and other bequests, the slaves will be freed first. If the emancipation of the slaves is fulfilled within one third of the wealth, then the other beneficiaries of the bequest will receive nothing. If the emancipation of the slaves exceeds one third, then the slave will be required to pay for his freedom through labor, and he will be freed. If the emancipation of the slaves is less than one third, then the remaining portion of the one third of the wealth will be distributed among the other beneficiaries of the bequest according to their shares."

There is a similar narration from Shurayh (may Allah have mercy on him) as well.

Ibrahim al-Nakha'i (may Allah have mercy on him) said: "Precedence in the emancipation of a slave will only be given when a specific slave is named in the bequest for emancipation, but if it is said, 'A slave from my wealth should be freed,' then this emancipation will be equal to other bequests."

If a person mentions the name of his slave in his will for emancipation and the will cannot be fully executed, then it will be started with that slave. But if he says, "A slave should be freed on my behalf," then all the slaves will be equal.

Ibrahim Nakha'i (may Allah have mercy on him) said: "Begin with the emancipation of slaves." And Ash-Sha'bi (may Allah have mercy on him) said: "It should be done according to the shares."

Ibn Sirin (may Allah have mercy on him) said: "It will be done according to the shares."

Hasan al-Basri, may Allah have mercy on him, said: "It will be distributed according to the shares."

Hasan al-Basri (may Allah have mercy on him) first said: "It will begin with emancipation," then he said: "According to the shares."