Is the manumission of a slave child who has not reached puberty valid for expiation?
General Chapter
Al-Mughni
Book of Expiations
Primary text
There is a difference of opinion regarding slaves below the age of seven, as they are considered incapable of valid worship. The apparent position of Ahmad suggests that if the child has the intellect to understand and perform prayer and fasting, manumission suffices, even if they are young. However, some scholars argue that the mere fact of being governed by Islamic status (e.g., inheriting from Muslims) means the child's Islam is established, thus making their manumission valid for expiation. The consensus leans towards the latter view, established by the practice of the Prophet (peace be upon him) affirming the faith of a slave girl based on basic affirmation of belief, even if she could not perform all duties.
Supporting text
Some scholars hold that the child's manumission is not valid unless they have established prayer and fasting, drawing a distinction based on whether the Quranic requirement mentions a 'believing slave' (requiring practice) or not. Another view distinguishes between expiations, allowing it in all except the expiation for manslaughter, where there are two narrations regarding its validity.