What is the ruling regarding freeing a slave when the acquisition is through compensation (e.g., purchase)?
General Chapter
Al-Mughni
Book of Bequests
Primary text
Al-Khabari narrates from Ahmad that if the acquisition is through compensation, the slave is freed and inherits. This is the view of Ibn al-Majishun and the people of Basra. Al-Qadi states in Al-Mujarrad that if acquisition is for compensation and the value is covered by the one-third bequest limit, the slave is freed and inherits; otherwise, he is freed only to the extent of the one-third value. This latter position is also attributed to Malik and is one opinion among Shafi'i scholars.
Supporting text
Other narrations from Al-Shafi'i indicate no distinction between acquisition with or without compensation: the slave is freed up to the one-third limit, but does not inherit in either case. The rationale is that if he inherited, the freeing would constitute a bequest to an heir, which invalidates the bequest, and consequently invalidates the freeing, leading to a circular contradiction. Therefore, the freeing is validated, but inheritance is denied to prevent this outcome. The position of Abu Hanifa and his two companions regarding compensation is the same as their position regarding acquisition without compensation.