What is the ruling if one partner says: 'If you manumit your share, my share is free before your manumission of your share'?
General Chapter
Al-Mughni
Book of Manumission
Primary text
If the condition is, 'If you manumit your share, my share is free before your manumission of your share,' both manumissions take effect simultaneously upon the partner manumitting his share. This aligns with the position attributed to Abu Bakr and Al-Qadi.
Supporting text
The position of Ibn Aqil suggests that the entire slave becomes manumitted at the expense of the manumitting partner, and the partner's manumission does not take effect because it refers to a past time. The view of Ibn Surayj and those who agree with him on the extension of manumission suggests the initial manumission is invalid. This is because manumitting his share necessitates the prior manumission and extension of the partner's share, leading to an impossibility (a vicious circle), thus invalidating all acts.