during illness, whether the bequest was made in good health or during illness. This differs from tadbīr (emancipation stipulated to take effect upon the owner’s death): the owner may not revoke it, whether he stipulated it in good health or during illness. There is disagreement over the statement, “If I die, my slave is free”: is it to be understood as tadbīr unless some indication establishes that he intended a bequest, or as a bequest unless some indication establishes that he intended tadbīr? Ibn al-Qāsim understood it as a bequest unless it was established that he intended tadbīr, whereas Ashhab understood it as tadbīr unless it was established that he intended a bequest.

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There are two opinions concerning what establishes the beneficiary’s entitlement to a bequest.

The first is that entitlement is established by the testator’s death together with the beneficiary’s acceptance after that death. According to this opinion, there is disagreement if the beneficiary dies after the testator but before accepting. Some say that his heirs take his place in accepting or rejecting the bequest; this is Mālik’s position in al-Mudawwanah. Others say that his heirs do not take his place in this respect: the bequest lapses and reverts to the testator’s heirs as part of the inheritance. This was the position adopted by Abū Bakr al-Abharī, as related from him by Abd al-Wahhāb in al-Mudawwanah.

The second opinion is that entitlement is established by the testator’s death alone, without acceptance. This is one of al-Shāfi‘ī’s two positions. According to this position, if the beneficiary dies after the testator, his heirs become entitled to the bequest. They may not return it except by making a gift of it to the testator’s heirs, if the latter accept. Allah knows best.

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Bequests are paid out of one-third of the property known to the testator; they do not extend to property of which he was unaware. This differs from the case of a slave placed under tadbīr while the owner was in good health, for which both known and unknown property are taken into account. There is disagreement concerning tadbīr stipulated during illness and outright emancipation granted during illness. Some say that neither extends to property of which the owner was unaware; this is the apparent purport of al-Mudawwanah. Others say that both extend to property known to him and property of which he was unaware. This follows from the material transmitted by Īsā in the Book of Blood Money in al-Utbiyyah, since it expressly states that tadbīr stipulated during illness extends to property of which the owner was unaware. If such property is taken into account for a slave placed under tadbīr during illness, then it should all the more be taken into account for a slave granted outright emancipation during illness. It has also been said that such property is taken into account for a slave placed under tadbīr during