What is the ruling when slaves are equal in number but unequal in value, and full adjustment by both number and value simultaneously is impossible, though adjustment by either alone is possible?

General Chapter

Al-Mughni

Book of Manumission

Book 66 · Issue 4 · Bab 1

Open in Qurani

Primary text

When adjustment by both number and value is impossible but adjustment by one criterion is possible, adjustment by value takes precedence, as long as the resulting part is not less than or more than one-third. For example, with six slaves valued at 1000, 2000, and 3000 each, adjustment by value is preferred. If adjustment by number were chosen, it might necessitate redrawing and partial emancipation to complete the third, which is avoided. Thus, the valuation dictates the grouping for the draw: one part for the slave valued at 1000, one part for the two slaves valued at 2000, and one part for the three slaves valued at 3000. If the freedom draw falls on a part valued higher than one-third, the draw must be repeated between those comprising that part to ensure the correct fraction is freed.

Supporting text

If the freedom draw falls on a part valued less than one-third, that entire part is freed, and the remainder of the one-third is completed by drawing from the remaining parts. If values are two at 2000, two at 700, and two at 500, grouping by number is sufficient because value adjustment is difficult. Slaves valued low are paired with those valued high to form three equal numerical parts, and the draw proceeds. If the freedom draw lands on a part valued more than one-third, the draw is repeated between the components of that part to complete the third correctly.