How is the division of liability and Wala' handled when two solvent partners dispute who freed their share first or claim to have freed it exclusively?
General Chapter
Al-Mughni
Book of Manumission
Primary text
If two solvent partners both claim that the other freed his share, each is simultaneously admitting the freedom of half the slave's value belonging to the other. If one partner confirms the other's claim that he alone freed his share, or was the first to do so, the Wala' belongs to that one, and he owes the value of the other partner's share. If both agree they freed their respective shares simultaneously, the Wala' is shared between them. If each claims to have been the sole manumitter or the first to act, they must engage in mutual imprecation (taḥālafā), and the Wala' is divided equally between them. In this specific scenario of mutual admission regarding freedom, the testimony of the trustworthy, the wicked, or the non-Muslim are treated equally because their admission and claim hold the same weight.
Supporting text
If one partner confirms the other's claim regarding his share or precedence in manumission, the Wala' is his, and he must pay restitution for the other's share. If they agree they freed their shares simultaneously, the Wala' is shared. If they mutually claim sole manumission or precedence, they engage in mutual imprecation, and the Wala' is split between them. If one partner claims to have freed his own share exclusively or was the first, and the other partner confirms this, the Wala' belongs to the claimant, and he owes the value of the other's share. If no evidence exists, each swears an oath to the other and is absolved. If one refuses the oath, judgment is against him; if both refuse, their claims nullify each other.