Prioritization criteria for selecting slaves for manumission when value and benefit conflict

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 3 · Bab 1

Open in Qurani

Primary text

The general preference for more valuable slaves ('aghla-ha thamanan') applies when the resulting benefit from manumission is equal for all candidates. The fundamental objective of manumission (through bequest) is to complete rulings pertaining to guardianship, congregational prayer, Hajj, Jihad, and other matters differentiated by status of slavery or freedom, which requires freeing the whole person. However, if one candidate has a greater benefit in being freed—such as being harmed by continued slavery, possessing piety and righteousness, or having a greater need for freedom (e.g., inability to earn a living after manumission, loss of maintenance and protection)—then freeing that person is superior and prioritized, even if their monetary value is lower. Manumission that results in a greater harm is impermissible because the testator's objective is achieving reward, and there is no reward in such an act.