What is the ruling if one partner says: 'If you manumit your share, my share is free,' and he then manumits his share?
General Chapter
Al-Mughni
Book of Manumission
Primary text
If one partner says, 'If you manumit your share, my share is free,' and the partner subsequently manumits his share, the manumission extends to the entire slave, and the value of the partner's share becomes due from the manumitting partner. The manumission of the partner's share itself does not take effect because the extension (sarayah) of the manumission preceded it, thus preventing the partner's manumission from taking place.
Supporting text
It is possible that both shares are manumitted at the expense of the manumitting partner, as the manumission of his share is the cause for the extension and a condition for the partner's manumission, meaning they occur simultaneously. Another possibility favors the manumission of the partner's share taking effect, as it is a disposition of his own property, whereas the extension of manumission over another's property is contrary to the general rule. Furthermore, the extension of manumission is contrary to the general rule as it involves the destruction of a protected ownership without consent and imposes a liability not voluntarily accepted, only established to complete the act of manumission. Thus, if this completion is achieved by the owner's manumission, it is preferable.