Is the manumission (Ataq) of a solvent slave valid?
General Chapter
Al-Mughni
Book of Manumission
Primary text
The manumission of a solvent slave who has full legal capacity is valid by the consensus of the scholars. If a portion of a slave is manumitted, the entire slave is freed, according to the opinion of the majority of scholars. This view is narrated from Umar and his son, and supported by Al-Hasan, Al-Hakam, Al-Awza'i, Al-Thawri, and Al-Shafi'i. Ibn Abd al-Barr stated that the majority of scholars in Hijaz and Iraq hold that if half is freed, the whole is freed. The evidence for this is the saying of the Prophet (peace be upon him): "Whoever frees a share he owns in a slave, if he has property equal to the value of the slave, a fair value shall be assessed against him, and the entire slave shall be freed for him." Another supporting evidence is the statement: "Whoever frees a portion he owns in a chattel slave, that portion is free from his wealth." Furthermore, freeing a part of a human chattel results in freeing the whole, similar to divorce, unlike sale, which does not necessitate the remaining value payment or carry over.
Supporting text
Ta'us stated that the slave gains freedom in the part manumitted and remains a slave in the part retained. Hammad and Abu Hanifa held that only the portion specified is freed, and the owner owes compensation (sa'ayah) for the rest. However, Abu Hanifa's companions later disagreed with him on the requirement of compensation.