What is the ruling if one of the captors frees a slave from the spoils before division?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If the one who is freed is of a category for whom slavery is not established (like an un-enslaved man), no emancipation occurs, as previously stated. If the captive is someone upon whom slavery is established (like a woman or a boy), emancipation occurs for the captor's share. If the captor is wealthy, emancipation extends to the remaining shares, and the value of the remainder is added to the divided spoils. If the captor is insolvent, emancipation occurs only to the extent of his share in the spoils. If his share is sufficient for the value of the freed slave, he is freed and takes nothing further. If his share is less than the value, he takes the remainder of his due share. If his share is more than the value, emancipation only occurs up to the extent of his share. If a second slave is freed, and there remains some entitlement from the first share, emancipation occurs to that extent for the second slave; if nothing remains, nothing of the second slave is freed.