What is the ruling on the manumission of a slave when the manumitting partners are insolvent (mu'sir)?
General Chapter
Al-Mughni
Book of Manumission
Primary text
If a manumitting partner is insolvent and manumits his share, the manumission is established in that share, and it does not extend to the partner's share, which remains in slavery. When the second partner manumits his share while solvent, the entire remaining portion is manumitted at his expense: his share by solvency and the partner's share by extension. The first manumitting partner obtains one-third of the loyalty (wala'), and the second obtains two-thirds. This is the position of Ishaq, Abu Ubayd, Ibn al-Mundhir, Dawud, and Ibn Jarir, as well as Malik and Al-Shafi'i based on the previously explained interpretation of their views.
Supporting text
It is narrated from Urwah that he purchased a slave whose half was manumitted, and he treated the slave in alternating periods of freedom and slavery. A narration from Ahmad states that if the insolvent manumits his share, the slave must work to earn the value of the remaining shares until he pays it off, whereupon he becomes free. This is the view of Ibn Shibrimah, Ibn Abi Layla, Al-Awza'i, Abu Yusuf, and Muhammad, based on the Hadith of Abu Hurayrah stating the Prophet (peace be upon him) commanded that if the manumitting owner has no wealth, the slave must work to earn it without being divided (not split). Ibn Abi Layla and Ibn Shibrimah further stated that if the slave works to earn half the value and then the manumittor becomes solvent, the value returns to the manumittor because he forced the work upon the slave.