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Opinions differ concerning someone who frees part of his slave during his illness. One opinion is that the entire slave is emancipated during his illness, with his value charged against one-third of his estate. Another is that emancipation is deferred until after his death and charged against that third, whether or not he has secure assets. A third opinion is that this applies only if he has no secure assets; if he does, the slave is emancipated immediately, with his value charged against his estate as a whole. All these differing opinions are found in al-Mudawwana.
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The same ruling applies to someone who mutilates his slave while healthy or ill, but whose act does not come to light until he falls ill, dies, or becomes insolvent. The slave does not become free through the mutilation itself, but only when a judgment requiring his emancipation is issued against his master.
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As for slaves not already in his ownership, five things make their emancipation obligatory upon him if he acquires them: a vow; an oath; the slave’s being one of his relatives whom he may not lawfully own; his mutilating a slave whom he partly owns, which obliges him to free the entire slave—both his own share and his co-owner’s—by judicial ruling, not through the mutilation itself; and his freeing his share in a jointly owned slave, which obliges him to free his co-owner’s share if he purchases it, or to have its assessed value charged to him if he does not purchase it, as established in the hadith transmitted concerning this from the Prophet, peace be upon him.
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Opinions differ if the matter does not come to light until he falls ill or dies. One opinion is that his co-owner’s share is not charged to him at its assessed value either after his death or during his illness. This was stated by some of those who transmitted from Mālik in al-Mudawwana. Another opinion is that its assessed value is charged to him during his illness and the share is emancipated then. A third is that its assessed value is charged against one-third of his estate only after his death. A fourth is that, if he has secure assets, its assessed value is charged to him during his illness; otherwise, this is not done until after his death. A fifth is that its assessed value is charged to him during his illness, but the share is not emancipated until he dies. Upon his death, it is emancipated from one-third of his estate if that third covers its value; if it does not, whatever remains belongs to his heirs. A sixth opinion is that its assessed value is not charged to him during his illness, although its value is ascertained. If he dies of that illness without recovering, then that