The Book of Tadbīr (Post-mortem Manumission)

An explicit formula that establishes tadbīr is any of the following statements addressed to the slave:
“ You are free after my death,”
“ When I die,”
“ Whenever I die you are free,”
“ I have emancipated you after my death,”
as well as, “ I have placed you under tadbīr,” or, “ You are a mudabbar.” All of these are effective according to the authoritative view.

An implicit expression of emancipation also suffices if accompanied by the intention, such as, “ I have released you after my death.”

A restriction may be attached, for example: “ If I die in this month — or of this illness — then you are free.” It may likewise be suspended upon a condition, as in: “ If you enter, you are free after my death.” If the condition is fulfilled and the master then dies, the slave is emancipated; otherwise he remains a slave. In the last case the entry must occur before the master’s death.

If, however, the master says, “ If I die and then you enter, you are free,” entry after the death is required and may occur at any later time; in the meantime the heir may not sell him.

When the wording is, “ When I die and a month has passed, you are free,” the heir may employ the slave’s services during that month but may not sell him.

If the master says, “ If you wish, you are mudabbar,” or, “ You are free after my death if you wish,” the slave’s exercise of the option must be immediate; but if he says, “ Whenever you wish,” the option may be deferred.

If two joint owners say to their slave, “ When we both die you are free,” he is not emancipated until they have both died. Should one of them die, the heir of the deceased may not sell his share.

Tadbīr is invalid when pronounced by an insane person, a child who lacks discernment, and—on the stronger opinion—even by a discerning minor. It is valid, however, coming from a prodigal adult and from an original non-Muslim. The tadbīr made by an apostate follows the various juristic positions regarding his ownership.

If a person institutes tadbīr and then apostatizes, the tadbīr is not annulled according to the madhhab. Nor is it annulled if the mudabbar slave himself apostatizes. A non-Muslim at war with the Muslims (harbī) may transport his mudabbar slave to the abode of war.

If a non-Muslim owns a Muslim slave and subjects him to tadbīr, the tadbīr is revoked and the slave is sold away from him.

If a non-Muslim declares a non-Muslim slave mudabbar and the slave subsequently embraces Islam and does not