Does freeing a slave who has been sold for a fixed price count as expiation?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If a master frees a slave who was sold for money (i.e., a contract was made for payment in exchange for freedom), it does not count for the expiation, according to Ibn al-Mundhir and others. The basis for this is that the slave’s freedom is due to another prior obligation (the sale agreement).
Supporting text
Al-Awza'i, Abu 'Ubayd, and the Ahl al-Ra'y hold that it does not suffice because his manumission is necessitated by another cause, paralleling the Umm Walad, and because his sale is deemed impermissible by them, making him resemble the Umm Walad. The opposing view holds that it suffices based on the verse: 'Then the freeing of a neck' [Quran 4:92], because a neck has been freed, and he is a slave whose benefit can be sold (like a Qinn) without prior compensation for any part of him.