Muwatta 2354

Malik said of a man who made a slave conditionally freed, and the master died leaving present property and absent property, and the present property does not contain what would allow the conditionally freed slave to go free: the conditionally freed slave is held with his property, and his income is gathered until it becomes clear what the absent property is. If what the master left can bear the third, he is freed with his property and what has been gathered from his income; otherwise a part of him equal to the third is freed, and his property remains in his hands. ¹

Belongs to the Muwatta, Book of the Conditionally Freed Slave (mudabbar). Source: the Muwatta. Mentions Malik ibn Anas. Built on in the chapters on conditional freedom (tadbir).