What is the ruling when one partner buys the share of their co-owner in a slave?

General Chapter

Al-Mughni

Book of Manumission

Book 66 · Issue 1 · Bab 1

Open in Qurani

Primary text

When one partner purchases the share of their co-owner in a slave, the slave is freed for the buyer, but this manumission does not extend to the share previously belonging to the buyer. Freedom is established due to the buyer's acknowledgement of the slave's liberty through the co-owner's act of freeing him. No claim of Wala' (allegiance) is established for the buyer over the slave, because the buyer is not claiming to be the emancipator, but rather acknowledging that another freed the slave, acting as someone redeeming a captive from the hands of non-believers unjustly holding him.

Supporting text

Abu Al-Khataab holds that the manumission extends to the entire slave because the purchase resulted in freedom, resembling the purchase of part of one's offspring.