What are the differing opinions regarding liability (s'a) and loyalty (wala') when the defendant in a manumission dispute is insolvent or solvent?
General Chapter
Al-Mughni
Book of Manumission
Primary text
Hammad stated that if the person testified against (the alleged manumitter) is wealthy, the slave's compensation (s'a) is sought from him. If he is insolvent, the compensation is sought from both parties.
Supporting text
Abu Hanifa stated that if the defendant is insolvent, the slave is responsible for the compensation (s'a), and the loyalty (wala') is shared between the partners. If the defendant is wealthy, the loyalty of the freed half is suspended. If the defendant admits to having manumitted the slave, he is entitled to the loyalty; otherwise, the loyalty belongs to the public treasury (Bayt al-Mal).