Tadbir (manumission effective after death)

Tadbir is freeing a slave to take effect after the owner's death, that is, from behind (dubur) the death. It is a form of manumission and an act of piety. Most scholars hold that the freedman comes from a third of the estate. ^{1 2}

Tadbir in the sense of a matter means looking at its outcome; in usage it is freeing a slave from behind (after) death. ¹ It is a form of manumission, which is commanded and among the greatest acts of nearness to God. It serves as expiation for offences, as obligatory for accidental killing and breaking an oath, and recommended for other sins, according to the Malikis. ¹

Tadbir brings the freedom of the freed slave after his master's death; the law encourages freeing slaves, and tadbir is an easy way, since the slave's service continues for the master's life. ² Any words that establish manumission after the owner's death suffice, such as "when I die you are free". The form takes effect only when it comes from one who may make a bequest. ²

The Hanafis and Malikis, and the apparent view of al-Kharaqi, hold that the tadbir slave may not be sold, given or pledged, and leaves ownership only by manumission or contract; the master may use him, and the master has the right to his earnings. ² The Shafi'is, and one narration of Ahmad, hold that he may be sold generally, for debt or otherwise. They cite the report of a man who freed a slave by tadbir and fell into need; the Prophet ﷺ sold the slave and gave the price to him. ²

The killing of the owner by the tadbir slave, and debts that consume the estate, void tadbir. The book notes that the detailed rules of the schools need not be given, since slavery no longer exists. ²