Validity of manumission when coupled with a monetary payment intended to cover expiation (Kaffarah).
General Chapter
Al-Mughni
Book of Expiations
Primary text
If a man instructs another, "Manumit your slave as your expiation, and I will give you ten dinars," and the owner complies, the manumission does not suffice for the expiation. This is because the act of freeing the slave was not solely for the sake of the expiation. The correct ruling is that the manumission belongs entirely to the one making the payment (the payer of the ten dinars), and the loyalty (wala') belongs to the manumitting owner. If the manumitting owner returns the ten dinars to the payer, intending for the manumission to count purely as the expiation, or if he resolves to return the money, or if he returns the money before the manumission and then manumits the slave specifically for his expiation, the act suffices as the expiation.
Supporting text
The opinion of Al-Qadi (The Judge) stated that the entire manumission counts for the payer of the compensation, and the payer is entitled to the loyalty (wala'). This is disputed, as the manumitting owner did not manumit on behalf of the payer, nor did the payer request that it be done on his behalf. Al-Kharqi mentioned that if a person says, "Manumit him, and the price is upon me," the price is due from that person, but the loyalty belongs to the manumitting owner.