Whose testimony prevails if the slave dies, is absent, or significant time passes, preventing accurate valuation, and there is no clear proof?

General Chapter

Al-Mughni

Book of Manumission

Book 66 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the slave has died, is absent, or if too much time has elapsed causing value fluctuations without verifiable proof, the statement of the manumitting party prevails. This is because the manumitting party denies any increase in liability, and the default position is the acquittal of his responsibility.

Supporting text

This represents one of the two established opinions attributed to Al-Shafi'i.