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Text and translation
English translation
2547. It was narrated that Jābir said: "A man from Banu 'Udhrah declared that a slave of his would become free after he died. News of that reached the Messenger of Allāh ﷺ and he said: 'Do you have
any property besides him?' He said: 'No.' The Messenger of Allâh ﷺ said: 'Who will buy him from me?' Nu'aim bin 'Abdullâh Al-'Adawî bought him for eight hundred Dirhams. The Messenger of Allâh ﷺ brought it (the money) and gave it to him, then he said: 'Start with yourself and if there is anything left, give it to your family. If there is anything left after your family (has been taken care of), then give it to your relatives. If there is anything left after your relatives (have been taken care of), then (give it) to such and such' saying: 'In front of you and to your right and to your left.'" (Saḥīḥ)
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Commentary
When someone states, in the condition when he is alive, that this slave shall be free after his death, this sort of emancipation of slaves was called Tadbir in the Arabic language, and it was a common custom. The Divine law has also acknowledged it. In this situation, that slave would actually become free after owner's death, but its status would be like that of a bequest (Wasiyyah) or testamentary. Its implementation can only be done in the third of the property.
