What is the ruling when a slave instructs a third party to buy him from his master for a specific sum and then free him?
General Chapter
Al-Mughni
Book of Manumission
Primary text
If a slave provides money to a stranger instructing him to purchase the slave from his master for that money and then emancipate him, the ruling depends on whether the purchase was made using that exact money (ain al-mal) or if the buyer incurred the debt in his personal capacity (fi zimmatuhu). If the purchase is made on the buyer's liability, the sale and manumission are valid. The buyer owes the seller the agreed price, and the manumission is effective, with the الولاء (allegiance/patronage) belonging to the buyer. The money the slave provided is considered the slave's own property and is not counted towards the purchase price owed by the buyer. This view is held by Al-Shafi'i and Ibn al-Mundhir.
Supporting text
If the buyer used the exact money provided by the slave for the purchase, the sale and manumission are void because the buyer used another person's property without permission. In this case, the master is deemed to have taken the slave's money, as what is in the slave's possession is legally considered the master's. Alternatively, if the legal principle followed holds that currency is not specifically determined by designation in contracts, the sale and manumission are valid, and the ruling aligns with the purchase made on liability, as stated by Al-Nakh'i and Ishaq. Conversely, Al-Hasan ruled that the sale and manumission are entirely void. Al-Sha'bi stated it is impermissible and the actor should be punished, also without distinguishing the two scenarios.