Ibn al-Qāsim’s statements differ as to whether the monetary bequest takes precedence over Hajj or the two share proportionately. In the transmission of Īsā, he holds that they share proportionately; in al-Madaniyya, the monetary bequest takes precedence. Ibn Wahb said that Hajj takes precedence over manumission, making no distinction between someone who has never performed Hajj and someone who has. Reasoning by analogy from Mālik’s position, however, a bequest for manumission without specifying a particular slave and a monetary bequest both take precedence over a bequest for the obligatory Hajj, since he does not consider that one person should perform Hajj on another’s behalf. According to the principle underlying his position, this is therefore not an act of devotion.
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Ibn al-Mājishūn departed from this principle. He held that manumission stipulated during good health to take effect upon death takes precedence over outright manumission during illness; outright manumission during illness takes precedence over an outright gift during illness; an outright gift during illness takes precedence over manumission stipulated during illness to take effect upon death; and manumission stipulated during illness to take effect upon death takes precedence over zakat whose payment was neglected. Such unpaid zakat takes precedence over expiation for accidental killing, and manumission in expiation for accidental killing takes precedence over manumission in expiation for zihār (likening one’s wife to a permanently unmarriageable female relative).
He said: “For all the categories I have set out for you, it makes no difference whether the dispositions were made on the same occasion or on successive occasions. Precedence is given in descending order of obligation and binding force, as I have explained to you.”
Ibn al-Mājishūn’s position is supported by stronger reasoning than Ibn al-Qāsim’s. This is because the testator may revoke his direction to pay zakat, but may not revoke an outright disposition or a stipulation of manumission upon death made during illness. And that which he may not revoke. Furthermore, he may be suspected of wishing to revoke his outright disposition or stipulation of manumission upon death, and thus directing the payment of zakat that he does not owe.
Abd al-Wahhāb reported in al-Maūna that a bequest directing the manumission of a specified slave takes precedence over zakat. This is an unlikely conclusion by analogy; its basis is adherence to the apparent meaning of the hadith. It is related that the Messenger of Allah—may Allah bless him and grant him peace—“ordered that manumission be given precedence over bequests; he made this general, without qualification.”
Ibn Zarb reported that the leading scholars unanimously agreed that a bequest for Hajj takes precedence over everything else, including manumission stipulated to take effect upon death. Abū Umar al-Ishbīlī—may Allah have mercy on him—held that a bequest for ransoming a captive takes precedence over all other bequests, including manumission stipulated during good health to take effect upon death. He supported this with Ashhab’s transmission from Mālik in the Book of Jihad. Ibn Attāb reported this from him and stated that the leading scholars unanimously agreed on it. This is correct.