Is the manumission (freeing) of a slave valid if performed during a period for which he had been rented out (hired)?
General Chapter
Al-Mughni
Book of Leasing
Primary text
Manumission of a slave during a fixed rental period is valid, and the contract of lease remains in effect. This is the new ruling according to Al-Shafi'i. The basis for this is that the benefit (usufruct) was stipulated by contract before the manumission, and therefore, no compensation is due for it. This is analogous to a master marrying off his female slave and then freeing her after consummation; the master retains what he gains without recourse against him. Furthermore, the master did not transgress by performing the manumission.
Supporting text
The old position of Al-Shafi'i dictates that the freed slave should return to his master the equivalent wage (ajr al-mithl) because the benefit was extracted from him due to a right originating from the master. Abu Hanifa grants the slave the option to either void or ratify the contract upon manumission, similar to when a minor reaches maturity, based on the reasoning provided previously.