One Who Sets Free a Slave and He is Indebted

“Abu ‘Abd Allah (a.s.), once asked me, ‘Is there a difference between ibn abu Layla’ and ibn Shubramah?’ I replied, ‘It has come to my knowledge that a Maxvla of ‘Isa ibn Musa died with a great deal of debts on him. He possessed a number of slaves whom he set free at the time of his death. Had the slaves been sold, such a sale could pay all of his debts. ‘Isa ibn Musa asked them (ibn abu Layla’ and ibn Shubramah) about this case. Ibn Shubramah said, “In my opinion they must be made to work to pay their own price because they were freed at the time of his death.” Ibn abu Layla’ said, “In my opinion I sell them to pay the creditors because he did not have the right to free them at the time of his death with debts on him; the value of slaves could have covered his debts. These are people of al-Hijaz today. A man indebted greatly is not allowed to free his slaves at the time of his death.” Ibn Shubramah then raised his hands to the sky and said, “Allah is free of all defects, O ibn abu Layla’ when did you ever say so? You only say so in my opposition.’” Abu ‘Abd Allah (a.s.), then asked, ‘Whose opinion was taken as the rule?’ He (the narrator) has said that I said, ‘It has come to my knowledge that it was the opinion of ibn abu Layla’. He liked it. He sold them and paid his debts.’ He (the Imam) asked, ‘With which one’s opinion do you side?’ I said, ‘It is with ibn Shubramah and ibn abu Layla’ later changed and accepted that of ibn Shubramah.’ He (the Imam) said, ‘By Allah, truth is with what ibn abu Layla’ said, even though he changed it later.’ I (the narrator) then said, ‘This becomes invalid according to their al-Qiyas (analogy).’ He (the Imam) said, ‘Allow us to examine their analogy. Give us an example.’ I then said, ‘I debate you according to analogy.’ He (the Imam) said, ‘You must present the strongest example of analogy.’ I then said, ‘There is a man who dies and leaves a slave and no other assets. The value of the slave is six hundred dirham and his debt is five hundred dirham. He sets him free at the time of his death. How is the case settled?’ He (the Imam) said, ‘The slave must be sold. The creditors take five hundred and the heirs take the one hundred dirham.’ I said, ‘Is it not the case that one hundred is left extra over the debts?’ He (the Imam) said, ‘Yes, that is the case.’ ‘Is it not the case that one-third of it belongs to the deceased with which he can do whatever he wants?’ He (the Imam) said, ‘Yes, that is the case.’ I then said, ‘Is it not the case that at least one-third of the remaining one hundred belongs to the slave when he set him free?’ He (the Imam) said, ‘There is no will for the slave. The slave’s assets belong to his guardians (heirs).’ I then said, ‘What happens if the value of the slave is six hundred and the debt is four hundred dirham?’ He (the Imam) said, ‘The slave is sold. The creditors take four hundred and the heirs take the two hundred and there is nothing for the slave.’ I then said, ‘The price of the slave is six hundred and the debt is three hundred.’ He (the Imam) smiled and said, ‘This is where your companions are proved incorrect. They have made all things as one thing without the knowledge of the Sunnah. When the debt and legacy are equal or the legacy is more than debts, the testator is not accused about his will and it is accepted as it is. Now it stops. One-half is for creditors, one-third for heirs and one-sixth is for him (the deceased).”’

“About the case of a man who frees his slave at the time of his death with debt on him, one of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, ‘If the value of the debt and slave are equal, freeing is permissible, otherwise, it is not permissible.”’

“This is about the case of a man who frees his slave at the time of his death in front of witnesses. The price of the slave is six hundred dirham, his debt is three hundred dirham and he has no other legacy. I once heard abu al-Hassan (a.s.), say, ‘One-sixth of him is free because he owns from him three hundred and the other three hundred is for the debt. Thus out of three hundred one-third is his which is one-sixth of the total.’”