What is the ruling if the jointly owned slave perishes before the compensation is paid by the emancipator?
General Chapter
Al-Mughni
Book of Manumission
Primary text
If the slave perishes before the compensation is rendered, the slave dies legally free, and the value remains a debt on the emancipator, because he deprived the partners of their right to the slave's continued servitude.
Supporting text
According to Malik, the emancipator owes nothing unless the slave's value had already been assessed and decreed, in which case he is liable for that assessed value; otherwise, the slave is treated in all aspects as a slave.