Does the ruling on the widespread effect of manumission differ if partners are of different faiths?
General Chapter
Al-Mughni
Book of Manumission
Primary text
There is no distinction regarding this ruling whether the partners are Muslims, disbelievers, or a mixture of both. This is the position of Ash-Shafi'i. The rationale is that the ruling generally aims to remove harm, which applies equally to Muslims and disbelievers, similar to returning goods due to defect. The primary goal here is completing the manumission and repelling harm from the co-owner, not establishing ownership, which distinguishes it from a sale transaction.
Supporting text
Abu al-Khattab suggested there is a point regarding a disbeliever manumitting his share of a Muslim slave: that the manumission should not extend to the remainder, nor should he be required to pay compensation, because a disbeliever cannot validly purchase a Muslim slave. However, the general evidence and the purpose of preventing harm supersede this consideration.