What happens when a slave belonging to two partners has each partner claim the other freed his share, given specific financial conditions?

General Chapter

Al-Mughni

Book of Manumission

Book 66 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a slave is jointly owned by two partners and each claims the other freed his share, the slave is freed in all cases if the partners are solvent (mūsirayn). If they are insolvent (mu'sireen) but trustworthy (adlīn), the slave is freed if he swears against each partner, or if an additional trustworthy witness testifies alongside each partner. In all these instances where freedom is established based on admission or testimony, no Wala' accrues to anyone because no one claims it.

Supporting text

If the person whose manumission was established later acknowledges the manumission, Wala' is established for him because he has no other claimant and the right was not established previously due to his denial.