In the name of Allah, the Most Merciful, the Bestower of Mercy. His help I seek, and in Him I place my trust.

Book of Tadbīr (Manumission upon the Master’s Death)

Discussion of Tadbīr

Tadbīr is a form of manumission contract that binds whoever undertakes it and is obligatory upon whoever commits himself to it, for Allah, Mighty and Majestic, says:

“O you who believe, fulfil your contracts.” [al-Māʾida: 1]

It is also based on the reported saying of the Prophet, peace be upon him: “A slave pledged to manumission upon his master’s death may neither be sold nor given away.” This applies when the tadbīr is unrestricted. If, however, it is restricted to a particular journey, a particular illness, or something similar, there is disagreement concerning it, as we shall explain, Allah Most High willing.

Section

Unrestricted, binding tadbīr is established when a man says concerning his slave: “He is pledged to manumission upon my death,” “He shall be free after I die,” “He shall be free after my death by way of tadbīr,” or “He shall be free after my death, and this disposition may not be changed,” or words to that effect.

Section

There is disagreement concerning a man who says to his slave, “You shall be free after my death,” or “when I die,” without adding anything further: is this to be construed as a bequest unless it becomes clear that he intended tadbīr, or as