Is a slave freed upon the loosening of his fetter if the initial condition was freedom upon loosening the fetter?
General Chapter
Al-Mughni
Book of Manumission
Primary text
If a master states, 'My slave is free if his fetter is loosened,' and subsequently states, 'He is free if his fetter does not weigh ten ratls,' and two witnesses testify before the judge that the fetter weighs five ratls, leading the judge to rule for his manumission and order the fetter loosened. When the fetter is weighed and found to weigh ten ratls, the slave is freed upon the loosening of his fetter, and it becomes clear that he was not freed by the specific condition upon which the judge based his ruling. The fundamental principle is that the slave is freed upon the actual loosening of the fetter, as stated by the first condition.
Supporting text
The ruling regarding the liability of the two witnesses to compensate for the value of the slave is subject to differing scholarly opinions. Abu Hanifa holds that the witnesses are liable for compensation because their false testimony caused the manumission and its resulting loss, equating it to testimony later retracted. Additionally, since the manumission was based on a judgment founded upon their false testimony, it resembles a judgment based on testimony they subsequently retract.