What is the ruling on a partner conditionally manumitting (tadbir) his share of a jointly owned slave?
General Chapter
Al-Mughni
Book of Manumission
Primary text
The conditional manumission (*tadbir*) by one partner of his share in a slave is valid, and no obligation falls upon the other partner immediately. This is the position of Al-Shafi'i. If the manumitting partner dies, the part he conditionally manumitted becomes free, provided it comes from one-third of his estate. The effect of this manumission spreading to the share of the co-owner is subject to the previously mentioned stipulations. The basis for this ruling is that suspending manumission upon a condition is valid regarding his specific share, similar to suspending it upon the death of his partner.
Supporting text
Imam Malik states that if the partner issues a *tadbir* on his share, the partners must assess its value (*taqawam*). If the slave's ownership reverts to the manumitting partner, the entire slave becomes conditionally manumitted. If ownership transfers to the other partner, the entire slave becomes fully enslaved. Al-Layth mandates that the manumitter must compensate his partner for the value of his share, making the entire slave subject to *tadbir*. If the manumitter lacks funds, the slave must work to cover the partner's share's value, after which the entire slave becomes conditionally manumitted. Abu Yusuf and Muhammad stipulate that the manumitter must guarantee the partner the value of his right, regardless of solvency, and the entire slave transfers to the partner. Abu Hanifa grants the partner the choice: he may proceed with the *tadbir*, grant immediate freedom, seek compensation from the slave, or hold the owner financially liable if solvent.