What is the ruling when a financially solvent partner manumits his share of a jointly owned slave?
General Chapter
Al-Mughni
Book of Manumission
Primary text
When a partner manumits his share of a slave while solvent, only his share is freed. This is supported by the views of Malik, Ibn Abi Laila, Ibn Shubrumah, Ath-Thawri, Ash-Shafi'i, Abu Yusuf, Muhammad, and Ishaq. However, the manumission of that share causes the entire slave to become free, and the initial emancipator owes the value of his partners' shares, retaining the right of Wala' (patronage). This is based on narrations affirming that the Prophet (peace be upon him) established the manumission of the whole slave and required the solvent emancipator to pay the value of the co-owners' shares, without granting choice to anyone.
Supporting text
Al-Buti holds that only the emancipator's share is freed, and the remainder stays in slavery, with no guarantee payment required. This is based on a narration that the Prophet (PBUH) did not hold a man accountable who manumitted a portion of a slave he co-owned. Abu Hanifa maintains that only the emancipator's share is freed, giving the partner the choice to either manumit the rest, seek monetary compensation for the slave's service (Istis'a), or guarantee payment to the emancipator, thereby completing the manumission.