Does freeing a slave on behalf of someone with their prior order fulfill the required expiation when no compensation is stipulated?
General Chapter
Al-Mughni
Book of Expiations
Primary text
There are two narrations regarding manumission ordered by the beneficiary without a stipulated compensation. One narration states that the manumission counts for the beneficiary and fulfills their *Kaffarah*. This is the position of Malik and Al-Shafi'i, as the freeing occurred with their permission, making it valid like the case where compensation was stipulated.
Supporting text
The second narration states that it is not valid for the *Kaffarah*, and the *Walaa* belongs to the emancipator. This is the position of Abu Hanifa, who likens manumission with compensation to a sale, and manumission without compensation to a gift (*Hiba*). Since the condition of acceptance (*Qabd*) required for a gift was not met, it does not count for the donee, differing from a sale where acceptance is not a prerequisite.