1238 – ʿImrān ibn Ḥuṣayn (may Allah be pleased with him) narrated: “A man freed six of his slaves while on his death-bed; he owned nothing else. The Messenger of Allah ﷺ had them brought before him, divided them into three groups, then drew lots. He emancipated two of them, left four in bondage, and addressed the man with stern words.” Reported by Muslim. (1)

Vocabulary of the ḥadith
– mamālīk: plural of mamlūk (a slave in bondage); the feminine is mamlūka.
– jazzaʾa: to divide wealth into parts; a juzʾ is a portion.
– aqraʿa: to cast lots among people; al-qurʿah is the procedure by which each share is determined.

Points derived from the ḥadith

1. The man had instituted a tadbīr for his six slaves, stipulating that they would become free after his death. Their status, therefore, is like property bequeathed by will: the bequest takes effect only after the testator dies. For that reason the Prophet ﷺ validated the manumission only up to the limit allowed for a bequest—one third of the estate—so he confirmed the freedom of two slaves and did not allow it for the remaining four.
2. The jurists state that it is not permissible to bequeath more than one third of one’s estate to a non-heir unless the heirs approve it after the testator’s death, based on the Prophet’s ﷺ words to Saʿd: “A third, and a third is still too much” (agreed upon). Here, a “non-heir” is anyone who is not entitled to inherit.