Is the manumission (I'taq) of half of a slave valid as expiation?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 3 · Bab 1

Open in Qurani

Primary text

The statement that manumitting half of a slave is sufficient is the view held by the majority of jurists. The reasoning is based on the analogy that shares (aqshaaq) are treated like whole persons (ashkhas) in matters where minor defects are ignored, such as in Zakat, where owning half of a share of eighty sheep triggers Zakat just as owning forty whole sheep does. Similarly, this applies to shared sacrificial animals or gifts.

Supporting text

Abu Bakr bin Ja'far states that it is not valid because the purpose of manumission is the completion of legal obligations, which is not achieved by freeing halves. Some of Al-Shafi'i's companions hold three views: agreeing with this ruling, agreeing with Abu Bakr, or stating that it is valid only if the half share that remains is that of a free person, but not if the remainder is still in servitude.