What is the ruling if one partner in a slave says to the other: 'If you manumit your share, my share is free along with yours,' and the partner manumits his share?
General Chapter
Al-Mughni
Book of Manumission
Primary text
If one partner says to the other, 'If you manumit your share, my share is free along with yours,' and the partner manumits his share, both shares are manumitted immediately, and the manumitting partner owes nothing. This position is preferred because it allows for the fulfillment of the condition as stipulated, similar to a case where one is authorized to manumit both shares simultaneously. This ruling is based on the principle of operating according to the evident meaning of the condition when possible.
Supporting text
A dissenting view holds that the entire slave is manumitted at the expense of the manumitting partner. This is because the manumission of the partner's share is a prerequisite for the manumission of the other's share, thus necessitating that the former precedes the latter.