The ITK (AZAT) Section · 10 – The Situation of Someone Who Emancipates Their Slaves While on Their Deathbed
Imran ibn Husayn, may Allah be pleased with him, narrated:
A person freed six slaves at once upon his death. He possessed no other property. This news reached the Messenger of Allah, peace and blessings be upon him. The Messenger of Allah, peace and blessings be upon him, spoke harsh words about that person. Then he summoned the slaves, divided them into three groups, and drew lots amongst them. He freed two (by calculation of a third). He left four (those for whom the lot did not fall) as slaves. [533]
Abu Kilaba (may Allah be pleased with him) narrated on the same chain of narration and with the same meaning as the preceding hadith. In this narration, he did not say, “The Messenger of Allah (peace and blessings upon him) spoke harshly regarding those who manumit their slaves.”
From Abu Zayd, may Allah be pleased with him:
A person from the Ansar related a hadith, previously mentioned, with the same meaning, (saying that) he died freeing six slaves. In this narration, the Messenger of Allah, peace and blessings be upon him, said: “If I were able to reach him before burial, I would not have buried him in the Muslim cemetery.”
Imran ibn Husayn, may Allah be pleased with him, narrated:
A man freed six of his slaves at the time of his death. He possessed no other property besides these slaves. This matter reached the Messenger of Allah, peace and blessings be upon him. The Messenger of Allah, peace and blessings be upon him, drew lots among the slaves. Two of them were freed by the draw, while four remained as slaves. [534]
EXPLANATION
From hadith number 3958, a slave freed at the time of death is accounted as one-third, so two are freed and four remain. Because he possesses no other property; if the slaves were freed, he would be unable to pay his debts. At least the existing slaves could be sold to settle the debt. Furthermore, a person may only bequeath one-third of their wealth. In accordance with these measures, the Messenger of Allah, peace and blessings be upon him, freed two of the slaves by lot and left the others as slaves.