What is the ruling if one partner claims their co-partner manumitted their share, and the co-partner denies it, when the defendant (the alleged manumitter) is wealthy?
General Chapter
Al-Mughni
Book of Manumission
Primary text
If one partner claims his co-partner manumitted his share, and the other denies it, and the defendant is wealthy, only the share of the claimant (the one asserting the manumission) is freed due to the defendant's admission of the freedom resulting from the ripple effect (sarayah) of the co-partner's manumission. The defendant then owes the claimant half the value. The freed portion does not retroactively free the other half because the defendant does not admit to having manumitted the claimant. Freedom is established by the admission of the claimant's freedom, not by the defendant's act of manumission toward him. Furthermore, the defendant has no claim of loyalty (wala') over the claimant because he denies the act of manumission.
Supporting text
The judge ruled that the loyalty (wala') in this case is suspended (mawquf). If the claimant (the one asserting the manumission) is a just witness (adl), his testimony is not accepted because he is claiming half the value from his co-partner; thus, his testimony brings him a benefit. The testimony of one who draws a benefit from their testimony is invalidated entirely.