The third is where the time of its occurrence is unknown, but its occurrence is certain.

As for the first category, where the event may or may not occur, with neither possibility more likely than the other, or with its non-occurrence more likely—for example, saying, “When so-and-so arrives, you are free,” or something similar—the slave becomes entitled to emancipation only if the appointed event occurs while his master is still alive and the slave remains in his ownership. There are two opinions on whether the master may sell him:

The first is that he may not. This is Mālik’s position in al-Mudawwana.

The second is that he may. This is Ibn al-Qāsim’s position in the same work.

As for the second category, where it is uncertain whether the event will occur, but its occurrence is more likely—for example, saying, “My slave is free when such-and-such a woman gives birth,” while she is pregnant; or, “When she menstruates,” if she has not reached menopause; or, “When the sun or moon is eclipsed,” or something similar—Ashhab gives it the same ruling as the first category, consistently with his principle of treating the two alike in divorce. Thus, according to his view, if the woman menstruates or gives birth, or the sun or moon is eclipsed, while the master is in good health, the slave becomes free, with his emancipation charged to the estate as a whole. If she menstruates during the master’s illness, his emancipation is charged to one third of the estate. If she does not menstruate until after his death, the slave is not entitled to freedom. This position is explicitly reported from Ashhab in Abū Zayd’s transmitted reports in the Book of Patronage. Ibn Wahb also transmitted the same view from Mālik.

According to Ibn al-Qāsim’s position, however, the slave’s emancipation is deferred until the woman gives birth, or a similar event occurs, and is charged to the estate as a whole, whether she gives birth during the emancipator’s lifetime or after his death. This accords with his principle that, if a man defers his wife’s divorce until such an event, the divorce takes immediate effect, just as it does when deferred until an event that is certain to occur.

As for the third category, where the time of the event is unknown but its occurrence is certain—for example, saying, “When so-and-so dies,” or, “When rain falls,” or something similar, “you are free”—the slave’s emancipation is deferred until that event and is charged to the estate as a whole, whether the event occurs before or after the master’s death, and the master may not sell him