Chapter on Conditional Emancipation (Tadbir)

Jamil narrated from Abu Abdullah عليه السلام, who said: I asked him about a mudabbar (a slave promised freedom after the owner's death). Imam عليه السلام said: "If his owner needs the price and the slave agrees, then there is no harm in selling him."

It is narrated by al-Ala', from Muhammad ibn Muslim, from one of the Imams عليه السلام, peace be upon them, regarding a man who frees his male or female slave as a mudabbar (to be freed after his death) and then becomes in need of the slave's price. Imam عليه السلام said: "No, he may not sell the slave-unless he stipulates to the buyer that the slave must be freed at the time of his death."

Abu Ibrahim (Imam Musa ibn Jafar Al-Kadhim عليه السلام) was asked about a woman who made her bondwoman mudabbar (to be freed after her death). The bondwoman later gave birth to a precious daughter, and it was unclear whether the child was also mudabbar like her mother or not. Imam عليه السلام said: "When the pregnancy occurred, was it before or after the tadbir (declaration of delayed emancipation)?" I said: "May I be your ransom, I do not know. Please answer regarding both situations." Imam عليه السلام said: "If the bondwoman was pregnant before the tadbir and her pregnancy was not mentioned during the declaration, then the bondwoman is mudabbar, but what is in her womb remains in bondage (not mudabbar). However, if the tadbir occurred before the pregnancy and then she became pregnant, the child is mudabbar along with her, because the pregnancy occurred after the tadbir."

Al-Hasan ibn Ali al-Washsha' asked Abu al-Hasan عليه السلام about a man who made his bondwoman mudabbar (to be freed after his death) while she was pregnant. Imam عليه السلام said: "If he knew about the pregnancy of the bondwoman, then what is in her womb has the same status as her (i.e., it is also mudabbar). But if he did not know, then what is in her womb remains in bondage (not mudabbar)." Al-Hasan ibn Ali al-Washsha' further asked him about a man who made his slave mudabbar while he was financially well-off, but later he became needy. Imam عليه السلام said: "Yes, if he becomes in need, it is permissible for him to sell the slave."

It is narrated from al-Ala', from Muhammad ibn Muslim, from one of the Imams عليه السلام, peace be upon them, who said: "A mudabbar (a slave promised freedom after the owner's death) is considered to be from the one-third (of the estate). A man has the right to retract from his bequest regarding this one-third, whether he made the will during his health or illness."

Aban narrated from Abu Maryam, from Abu Abdullah عليه السلام, who was asked about a man who made his bondwoman mudabbar (to be freed after his death). Imam عليه السلام was asked: "Can he have relations with her if he wishes, or marry her off, or sell her service during his lifetime?" Imam عليه السلام said: "Yes, he may do any of these if he wishes."

Asim narrated from Abu Basir, who said: I asked him about a male or female slave who had been made mudabbar (to be freed after the master's death). Imam عليه السلام said: "The master may enter into a mukataba (a contract of emancipation in exchange for payment) with the slave if he wishes. However, he cannot sell the slave unless the slave agrees to be sold for the duration of the master's life. The master is also entitled to take any wealth the slave possesses, if the slave has wealth."

Abdullah ibn Sinan asked him about a woman who freed one-third of her servant at the time of her death. He asked: "Are her heirs required to enter into a mukataba (a contract of emancipation in exchange for payment) with the servant if they wish, or can they refuse?" Imam عليه السلام said: "No, but the servant owns one-third of herself, and the heirs own two-thirds. The heirs may use her services in proportion to their share, and she has freedom over herself in proportion to the part that was freed."

Aban narrated from Abd al-Rahman, who said: I asked him about a man who said to his slave, "If something happens to me, you are free." Meanwhile, the man is obligated to free a slave as an expiation for breaking an oath or zihar (a form of prohibited declaration regarding one's wife). I asked: "Can he use this same slave, whom he had promised freedom upon his death, to fulfill the requirement of freeing a slave for the expiation?" Imam عليه السلام said: "No, it is not permissible to use the slave designated for that purpose."

Wuhayb ibn Hafs narrated from Abu Basir, who said: I asked Abu Abdullah عليه السلام, about a man who made his slave mudabbar (to be freed after his death) while he was in debt, intending to escape from paying the debt. Imam عليه السلام said: "There is no valid tadbir (declaration of delayed emancipation) in this case. However, if he made the tadbir while he was in good health and free from any financial distress, then the creditors have no claim over the slave."

Ibn Mahbub narrated from Ali ibn Ri'ab, from Burayd ibn Mu'awiyah, who said: I asked Abu Ja'far Imam Muhammad ibn Ali Al-Baqir عليه السلام, about a man who made his wealthy slave mudabbar (to be freed after his death). The mudabbar, with the permission of his master, bought a bondwoman who bore him children. Then the mudabbar died before his master. Imam عليه السلام said: "I believe that all the property, possessions, or estates left by the mudabbar belong to the one who made him mudabbar. As for the mother of his children, she remains a slave to the one who made him mudabbar. However, I see that her children take the same status as their father-they are mudabbar. Therefore, when the one who made their father mudabbar dies, they will be freed."

Imam Ali ibn Abi Talib عليه السلام said: "A mudabbar (a slave promised freedom after the owner's death) is counted as part of the one-third (of the estate). As for any offense committed by the mudabbar, the mukatab (a slave under a contract of emancipation), or the umm al-walad (a bondwoman who bore her master a child), the master is liable for their offenses."