What conditions must be met for the manumission shares of joint owners to extend to the entire slave, and how does solvency affect this extension?

General Chapter

Al-Mughni

Book of Manumission

Book 66 · Issue 5 · Bab 1

Open in Qurani

Primary text

The joint manumission must occur simultaneously, either by simultaneous declaration, one appointing the other to declare, or by both suspending it upon a single existing condition. If one precedes the other in declaration, the entirety of the shares belonging to his partners becomes manumitted solely upon the one who preceded, and the liability and loyalty belong entirely to him. The condition of solvency (yusar) is required for the extension of manumission. If only one owner is solvent, he is held liable for the entire share of the non-manumitted portion because the insolvent owner's manumission does not extend. If the solvent person is only partially solvent, liability is apportioned according to the extent of their solvency, and the remainder of the liability falls upon the owner of the half share because he is solvent.