Muwatta 2220

Yahya said: I heard Malik say of a man who bequeaths a third of his property to a man, and says: my slave serves so-and-so as long as he lives, then he is free. This is looked into; the slave is found to equal a third of the dead man's property. Malik said: the slave's service is valued, then the one bequeathed a third is paid his third, and the one bequeathed the slave's service is paid what its value is for him. Each of them takes from the slave's service, or from his hire if he has hire, in proportion to his share. When the one granted the slave's service dies, the slave is freed. ¹

Belongs to the Muwatta, Book of Bequests. Source: the Muwatta. Mentions Yahya ibn Yahya al-Laythi, Malik ibn Anas. Built on in the chapters on bequest (wasiyya).