The ruling on bequeathing the freeing of a slave on behalf of the deceased and the limit of its validity
Machine translationRead the Arabic original
The questioner:
Peace be upon you. I say: If the deceased said, "I must free my slave on my behalf, and such and such amount must be paid out of my wealth,"
The Shaykh:
they have no claim to it unless that is the case.
The questioner:
Yes.
The Shaykh:
Unless it exceeds that.
The questioner:
What is your opinion?
The Shaykh:
The bequest is valid if he dies and has not changed the bequest, provided it is one-third or less. However, if the slave, for example, is worth more than the rest of the estate—say, if the rest of the estate is only thirty thousand, and the slave is worth fifteen thousand, with fifteen thousand remaining besides the slave, making the total estate thirty thousand—then two-thirds of the slave is freed, which is the amount of the one-third, meaning ten thousand, and the remaining third stays in slavery. Professor 'Ali. Yes.
Peace be upon you. I say: If the deceased said, "I must free my slave on my behalf, and such and such amount must be paid out of my wealth,"
The Shaykh:
they have no claim to it unless that is the case.
The questioner:
Yes.
The Shaykh:
Unless it exceeds that.
The questioner:
What is your opinion?
The Shaykh:
The bequest is valid if he dies and has not changed the bequest, provided it is one-third or less. However, if the slave, for example, is worth more than the rest of the estate—say, if the rest of the estate is only thirty thousand, and the slave is worth fifteen thousand, with fifteen thousand remaining besides the slave, making the total estate thirty thousand—then two-thirds of the slave is freed, which is the amount of the one-third, meaning ten thousand, and the remaining third stays in slavery. Professor 'Ali. Yes.
Source
شرح بلوغ المرام [ ابن باز ] [ الشرح القديم ]، بداية من كتاب البيوع — islamhouse.com (39:47)
The Arabic text is a machine transcription of the audio recording.