What is the ruling when only a portion of a slave is manumitted, specifically concerning the application of freedom to the remainder?

General Chapter

Al-Mughni

Book of Manumission

Book 66 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a portion of a slave is manumitted, the entirety of the slave is freed. This applies whether the portion is large, such as half or a third, or small, such as a tenth or a hundredth, provided the manumission concerns an undivided share (musha'). There is no known disagreement among those who affirm the spreading (sarayah) of manumission in cases of undivided shares.

Supporting text

Malik narrated a view where if a man frees half a slave and then neglects the matter until death, he believes half remains free and half remains enslaved, reasoning that the disposition did not extend beyond the part acted upon, similar to a sale.