tadbīr unless it becomes clear that he intended a bequest? Ibn al-Qāsim construed it as a bequest unless it is known that he intended tadbīr, while Ashhab construed it as tadbīr unless it is known that he intended a bequest. Both positions have a reasoned basis. If, however, he says, “If I do such-and-such, my slave shall be free after my death,” and then does it, both agree that the slave becomes irrevocably pledged to manumission upon his master’s death, because breaking the oath makes that manumission binding upon him. This is expressly stated as Ibn al-Qāsim’s position in al-Mudawwana and elsewhere.

When a man makes an unrestricted declaration of tadbīr concerning his slave, it becomes binding upon him, and he may not revoke it by word or deed, according to Mālik—may Allah have mercy on him—and all his companions. This is also the position of Abū Hanīfa and his companions. Al-Shāfiʿī, Abū Thawr, Ahmad ibn Hanbal, and Ishāq ibn Rāhawayh said that it is a bequest and may be revoked. They cited Jābir’s hadith:

“The Prophet, peace be upon him, sold a slave pledged to manumission upon his master’s death.”

They also cited the fact that ʿĀʾisha pledged a slave woman of hers to manumission upon her death and subsequently sold her. They disagreed, however, over what constitutes revocation. Al-Shāfiʿī said: “He may revoke it only by transferring the slave out of his ownership through sale, gift, or charity. If he merely says, ‘I have revoked his tadbīr,’ but does not transfer him out of his ownership before dying, this does not constitute revocation, and the slave is freed out of one-third of his estate.” Abū Thawr said: “If he says, ‘I have revoked it,’ the tadbīr is annulled; if he dies while the slave remains in his ownership, the slave is not freed.”

The correct position is that of Mālik—may Allah have mercy on him—that tadbīr is binding upon the master and may not be revoked by word or deed, in view of the apparent meaning of the Quran and the reports from the Prophet, peace be upon him, that we have already cited concerning this matter. In this respect, it differs from a bequest. Allah grants success.

Section

The distinction between tadbīr and a bequest is that tadbīr is a manumission that the master has made binding upon himself during his lifetime for his slave’s benefit, to take effect at a term that must inevitably come. He therefore cannot revoke it by word or deed, just as he cannot revoke the manumission of a slave whose freedom is set to take effect at a future term. The slave becomes free upon the master’s death, provided that one-third of the estate suffices to cover his value, by virtue of the master’s contract of manumission. Likewise, a slave whose freedom is set to take effect at a future term becomes free when that term arrives, by virtue of the master’s contract of manumission.

As for a slave whose manumission is stipulated in a bequest, the master has not concluded a contract of manumission for him during his lifetime. Rather, he has directed that the slave be freed on his behalf after his death. The manumission thus takes effect only after death through the executor’s action. He is therefore like someone who authorizes a man to sell