Must the slave whose manumission is intended for expiation be a believer (Mu'minah)?
General Chapter
Al-Mughni
Book of Expiations
Primary text
According to the apparent position of the Madhhab, and the view of Malik, Shafi'i, and Abu Ubayd, the slave must be a believer. The evidence for requiring a believing slave is derived from the necessity of manumission involving facilitating the slave's worship of their Lord and completing their obligations and jihad, which aligns with the interests served by the expiation. This principle is inferred from the explicit requirement of a believing slave in the expiation for manslaughter (Quran 4:92), and this ruling is extended analogously to all manumission expiations.
Supporting text
A dissenting opinion held by Ahmad (in another narration), 'Ata, Abu Thawr, and the People of Opinion permits the manumission of a Dhimmi (non-Muslim subject) slave, based on the absolute wording in the verse concerning manslaughter expiation: {then the freeing of a believing slave} (Quran 4:92), which they argue includes the non-believer since it is unqualified.