What is the ruling on liability when the partner who was not the striker frees the female slave while solvent?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If the non-striking partner frees the slave while solvent, manumission extends to both the mother and the fetus, making them both free. The striker must guarantee half the mother's value, but he does not guarantee half the fetus because the fetus is included in the guarantee of the mother, similar to its inclusion in her sale. The striker is liable for the fetus with a transferable *ghurrah* based on Al-Qadi's opinion.
Supporting text
According to the implication of Abu Bakr's saying, the striker guarantees his partner's share by half of one-tenth of the mother's value, but he does not guarantee his own share because he owned it at the time of the injury. Regarding the mother's guarantee, one opinion states she is liable for the *diyah* (blood money) of a free woman to her master, the lesser of her *diyah* or her value. Another opinion holds he guarantees her value to her master, analogous to the case of severing the hand of a slave who is then freed and dies.