there is no objection; rather, it is valid, because he is included in the bequest—that is, the slave himself is included in it. Once he owns the portion through the bequest, he is emancipated from it in proportion to what was bequeathed to him, and the emancipation extends to the entire slave by legal propagation. Thus, it is valid for him to acquire ownership. This is the distinction between one’s own slave and someone else’s slave.
Suppose that a man has a slave worth one thousand, trade goods worth one thousand, and cash amounting to one thousand, and he bequeaths one-third of his estate to his slave. The slave is included in the bequest, because the one-third is an undivided share encompassing the slave, the trade goods, and the cash. Thus, one-third of the slave is emancipated, and the emancipation extends to the entire slave by legal propagation.
His statement, “He is emancipated from it in proportion to it,” means: in proportion to the undivided share bequeathed to him, whether it is one-third or less.
His statement, “and he takes the surplus,” applies if there is a surplus—namely, if the slave’s value is less than the undivided share bequeathed to him. For example, if he bequeaths one-third to the slave, and after the master’s death we assess the estate and find that the slave is worth seven thousand while the one-third amounts to ten thousand, then the slave is emancipated, and three thousand remains from the one-third, which the slave takes. This is why he said, “He is emancipated from it in proportion to it”—that is, in proportion to the one-third if the slave’s value exceeds one-third—“and he takes the surplus” if the slave’s value is less than one-third.
Another example, where the slave’s value is greater: if he bequeaths one-third of his estate to his slave, and after his death we assess the one-third and find it to be ten thousand riyals, while the slave is worth, for example, fifteen thousand riyals, then we say that two-thirds of the slave is emancipated. The reason is that he bequeathed one-third to him, but the slave’s value exceeds the one-third; therefore, only an amount equivalent to one-third is emancipated from him. If the slave’s value equals the one-third, he is emancipated and receives nothing further.