Is a declaration of liability (Iqrar) valid when made to a slave?

General Chapter

Al-Mughni

Book of Acknowledgment of Rights

Book 20 · Issue 1 · Bab 1

Open in Qurani

Primary text

A declaration of liability is valid when made to a slave regarding rights such as marriage, retribution (Qisas), or discretionary punishment (Ta'zir) for slander (Qadhf). This validity holds regardless of whether the master confirms or denies the slave's claim, because the right belongs solely to the slave, not the master. The slave possesses the right to claim or forgive it, and the master has no right to claim or forgive it. If the slave denies the claim made to him, the denial is not accepted.

Supporting text

If the declaration concerns money, it is valid, but the money belongs to the master because the slave's possession is considered the master's possession. The Shafi'i school holds that if we rule the slave can own property, the declaration is valid to the slave; if he cannot own property, the declaration is for the master, binding upon confirmation and void upon rejection.