The permissibility of the owner of the title selling the slave when the benefit is separately bequeathed.
General Chapter
Al-Mughni
Book of Bequests
Primary text
The owner of the title may sell the slave, and the sale is valid even if the benefit is separated (the slave is sold 'maslub al-manfa'ah' – stripped of benefit). The buyer assumes the position of the seller regarding the obligations and rights of the bare title. This is based on the principle that it is an owned slave, and since the bequest concerning him was valid, the sale is valid like any other property. Furthermore, the buyer can emancipate the slave and secure allegiance ('wala''), unlike inanimate objects or vermin.
Supporting text
A dissenting opinion states that the sale is invalid unless sold to the owner of the benefit, arguing that selling something devoid of benefit is impermissible, similar to selling carrion or vermin. Another opinion permits the sale only to the owner of the benefit because this consolidates the title and the benefit in one person, which is considered valid, drawing an analogy with the sale of unripe fruit to the tree owner or crops to the landowner.