What is the ruling if the Imam sells the absconding slave for a perceived benefit?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
If the Imam sells the slave due to a perceived benefit, and subsequently the original owner appears and confesses that he had already freed the slave (manumitted him) before he absconded, the confession must be accepted. This is because the owner is not deriving a personal benefit nor warding off harm through this declaration. If the owner then seeks the price of the slave, he is not entitled to it because accepting the manumission implies the slave was free, and thus he cannot claim the sale proceeds.
Supporting text
An alternative view suggests the confession of manumission should not be accepted because the slave is the property of another, and one's admission regarding another's property is not accepted, analogous to a situation where the master sold the slave and then admitted to freeing him later. Under this second view, the slave's value should be directed to the public treasury (Bayt al-Mal) as there is no established claimant, similar to the estate of one who died without heirs. However, if the original owner returns, denies the manumission, and demands the money, the money must be given to him, as it is wealth without a disputant.