Under what condition does the propagation (Sirayah) of manumission to the property of a co-owner take effect?

General Chapter

Al-Mughni

Book of the Insolvent (Bankruptcy)

Book 14 · Issue 2 · Bab 1

Open in Qurani

Primary text

The propagation of manumission to the property of a co-owner is conditional upon the emancipator being solvent (Musir), such that the value of the share belonging to the partner can be taken from him, thereby preventing harm to the partner's rights. If the emancipator is insolvent (Mu'sir), the manumission does not take effect except concerning what he fully owns, as a measure to preserve the rights of others and prevent their loss. This principle applies similarly to the case of the bankrupt emancipating their slaves.