Is the manumission (release) of some slaves valid if the emancipator is bankrupt?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
There are two established narrations regarding the validity of a bankrupt person emancipating some of their slaves. The first narration states that the manumission is valid and takes effect. This opinion is held by Abu Yusuf and Ishaq. The evidence provided is that the emancipation originates from a sound owner, thus it is enforceable, similar to actions before the legal restraint (Hajr). This action is differentiated from other dispositions because manumission possesses an overriding effect and propagation (Sirayah), evidenced by its propagation to the ownership of others and the propagation of a *waqf* (endowment).
Supporting text
The second narration states that the manumission is not valid and enforceable. This view is held by Malik, Ibn Abi Layla, Thawri, and Al-Shafi'i, and was preferred by Abu al-Khattab in his 'Ru'us al-Masa'il'. The reasoning is that the bankrupt person is prohibited from making gratuitous gifts due to the rights of the creditors, so their manumission is not effective, similar to a sick person whose debts exceed their wealth. Furthermore, the bankrupt person is under legal restraint, thus their manumission is invalid, akin to an incompetent minor (Safeeh).