What is the ruling if one man swears his slave is free if the bird is a crow, and the other swears his slave is free if the bird is not a crow, and the bird's identity remains unknown?
Chapter on Divorce by Calculation
Al-Mughni
Book of Divorce
Primary text
No ruling of manumission (itq) is made for either slave. If one man buys the other's slave after denying his own oath, the purchased slave is freed. This is because denying one's own oath is a confession of the other's oath and an admission of the freedom of the purchased slave. If the buyer purchases the slave whose freedom was confessed, the slave is freed upon purchase.
Supporting text
If there was neither denial nor confession, and both slaves are in the possession of the one who bought them, and one is known to be free but not specifically identified, the determination reverts to drawing lots (qur'ah). This is the view of Abu Al-Khattab. Al-Qadi held that the purchased slave is freed in both cases because clinging to the slave is an admission of one's own slavery and the freedom of the other owner, which aligns with the Madhhab of Al-Shafi'i.