When exactly does the slave become free if a solvent partner manumits his share (i.e., upon declaration or upon payment of compensation)?
General Chapter
Al-Mughni
Book of Manumission
Primary text
The consensus among Malik, Ibn Abi Laila, Ath-Thawri, Abu Yusuf, Muhammad, Ishaq, Ibn al-Mundhir, and one view of Ash-Shafi'i (preferred by Al-Muzani) is that the slave becomes free immediately upon the declaration of manumission, not upon the payment of compensation. The manumission extends to the entire slave at that moment, and the payment obligation settles upon the emancipator. The supporting evidence includes narrations from Ibn Umar stating that if the emancipator possesses sufficient wealth by just valuation, the entire slave is free, and another narration stating, 'He who manumits a share of a jointly owned slave is free from his wealth.' This indicates immediate freedom conditional only on solvency.
Supporting text
Al-Zuhri, 'Amr ibn Dinar, Malik, and another view of Ash-Shafi'i hold that the slave does not become free until the compensation is paid, and until then, the remainder of the slave remains owned by the partners, and the emancipator's disposition over that part, other than manumission, is invalid. This aligns with the view of Abu Hanifa. They rely on the Hadith where the Prophet (PBUH) required payment of just valuation, after which the partners received their shares and the entire slave was freed, suggesting freedom follows payment. Ash-Shafi'i also held a third view where the manumission is pending: if payment is made, it is proven the manumission occurred when the share was initially freed; if not paid, it is proven the manumission never occurred, serving as a precaution for both parties.