Is the manumission valid if one doubts the life of an absent slave whose news has ceased?
General Chapter
Al-Mughni
Book of Expiations
Primary text
Manumission is not considered valid when one doubts the life of an absent slave whose news has stopped arriving. The default established principle is that the obligation remains on the person's responsibility (dhimmah), and doubt does not absolve this obligation. This slave is doubted to exist, thus the act of freeing him is doubted.
Supporting text
If it is argued that the original assumption is the continuation of life, the response is that death is inevitable, and the cessation of news serves as an indication toward it. If the slave is later found to have been alive, the validity of the manumission and the absolution from the expiation become established; otherwise, they do not.