Is the manumission (freeing) of a fetus valid (I'tāq)?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 1 · Bab 1

Open in Qurani

Primary text

The manumission of a fetus is not valid according to the opinion of the majority of scholars, including Abu Hanifa and Al-Shafi'i. The basis for this ruling is that the fetus has not yet attained the legal rulings pertaining to this world. Ownership rights, such as inheritance and bequest, are established for the fetus even when it is only a drop of fluid (nutfah) or a blood clot ('alaqah), conditions where it is not yet considered a complete human being. Since ownership can be established without it being a fully formed human, the requirement of it being a complete human for the validity of manumission is negated.

Supporting text

Abu Thawr held that the manumission of a fetus is valid because it is a owned human being, thus its manumission concerning the neck (freedom) is valid, similar to a newborn.