Is the manumission (freeing of a slave) valid if performed by someone who is under legal restriction (mahjur 'alayh)?
General Chapter
Al-Mughni
Book of Legal Interdiction
Primary text
Manumission performed by an individual under legal restriction is invalid. This is the position held by Al-Qasim ibn Muhammad and Al-Shafi'i. The ruling is based on the principle that this act is a disposition of his property, and thus invalid, similar to all his other dispositions. Furthermore, manumission is a voluntary gift (tabarru'), resembling a gift or endowment. The restriction imposed upon him is for the preservation of his wealth for himself, therefore his manumission is not valid, just as it is invalid for a minor or an insane person.
Supporting text
A differing view, narrated by Abu Al-Khattab from Ahmad, suggests that manumission by such an individual is valid because it is an act of manumission by a legally responsible person (mukallaf) who possesses full ownership. This is analogous to the manumission performed by a mortgagor or a bankrupt person.