What is the ruling when a slave owned jointly by two partners is given money by one partner to free his share, and the slave uses that money to free that share?
General Chapter
Al-Mughni
Book of Manumission
Primary text
If a slave owned jointly by two partners receives fifty dinars from one partner, on the condition that the slave emancipates the partner's share, and the partner frees that share, the entire slave is freed, provided the emancipating partner is solvent (musir). The non-emancipating partner must return to the emancipating partner half of the fifty dinars and half the value of the entire slave. This is because any property held by the slave is considered jointly owned by both masters, and one cannot exclusively appropriate it. However, the emancipation concerning the emancipator's share is valid, even if the consideration (the fifty dinars) was due to be paid, because the emancipation was not enacted upon the specific money itself, but the money was merely stipulated and then handed over. If the emancipation was enacted upon the money itself, the emancipator must return to the slave the value of the portion he emancipated with the due consideration, and the emancipation spreads to the partner's share. The partner must then return the value of his share, and the *Wala'* (allegiance/inheritance rights) belong to the emancipator.