Is the emancipation of a purchased father valid if the emancipation is declared after the acquisition of ownership, according to the Qadi's view?
General Chapter
Al-Mughni
Book of Bequests
Primary text
According to the Qadi's view, if the son purchases his father and then declares his emancipation, the emancipation does not take effect. This is because if emancipation is not established merely through the act of ownership, which is stronger than emancipation by declaration (as ownership's effect is recognized even for a minor or insane person), then emancipation by mere declaration following ownership certainly will not be effective.