What is the required method of expiation (fasting or payment) when a slave swears and breaks an oath?
General Chapter
Al-Mughni
Book of Expiations
Primary text
The ruling is determined by the condition at the time of breaking the oath, as that is when the obligation arises. If the slave breaks the oath while still a slave, he must fast for expiation, and nothing else suffices. This ruling stems from the exclusive specification of fasting ("innama" implying restriction) when the obligation was incurred during slavery. This is likened to a legal penalty (hadd), which remains binding regardless of subsequent manumission because the ruling attached to the individual during slavery.
Supporting text
The view of Al-Qadi suggests that the slave atones with the expiation appropriate for a slave, meaning payment is excluded, which is also a position of Al-Shafi'i. If the slave is manumitted after breaking the oath, he is judged by the rules applying to free persons because the expiation obligation did not occur before manumission. Furthermore, if it is determined that expiation must be made according to the strictest condition (i.e., slavery), then if the person is wealthy, they cannot expiate with payment unless they were a slave at the time of the oath's inception.