What is the ruling on manumission when an owner acquires a share of a slave to whom he is a close relative (dhū raḥm muḥram)?
General Chapter
Al-Mughni
Book of Manumission
Primary text
Whoever owns a close relative (dhū raḥm muḥram) owns a free person, based on the hadith stating, 'Whoever owns a close relative, he is free.' This applies if he acquires a share of his own child, for example. The portion he owns becomes free, whether acquired through compensation, gift, spoils, bequest, or involuntarily through inheritance. This is because whatever causes the entire slave to be freed also causes a part of him to be freed, similar to manumission by statement. If the owner is insolvent, the manumission does not extend, and the established free portion remains so, while the rest remains enslaved. If the owner is solvent and acquired the share through a voluntary act (not inheritance), the manumission extends to the rest of the slave, and he owes his partner the value of the remaining part.
Supporting text
If acquisition is through inheritance, the manumission does not extend, and the owned portion remains free, regardless of the owner's solvency, because he did not actively cause the manumission. A narration from Ahmad suggests that if the owner is solvent, the manumission extends due to his solvency, similar to a bequest he accepted. However, the first view is preferred because he did not actively manumit the slave nor did he cause it, thus he is not liable or subject to extension, similar to a non-owner.