The appropriation of a sum by bequest to the emancipation of a slave is annulled by the subsequent loss or failure of any part of it, but not the appropriation of a sum to the performance of a pilgrimage.
A slave, exceeding one-third of the property, emancipated on death-bed, is exempted from emancipatory labour by the heirs assenting to his freedom.
A bequest of emancipation in favour of a slave is annulled by his being made over in compensation for an offence committed by him.
Where the heir and the legatee agree concerning a slave having been emancipated by the testator, the allegation of the heir is credited with respect to the date of the deed.
Bequests for Pious Purposes.
In the execution of bequests to certain pious purposes, the duties ordained by the command of God precede those which are voluntary, and are then benevolent acts towards mankind.
If a person will that “the pilgrimage which was incumbent upon him be performed on his behalf after his death,” the heirs must depute a person for this purpose and pay all his expenses to Makkah.
But when all the purposes mentioned be of equal importance, the arrangement of the testator must be followed.
A legacy, appropriated to pilgrimage, if lost, must be repaired to the extent of a third of the estate.