To whom does the wealth of a man belong if his master frees him?

General Chapter

Al-Mughni

Book of Manumission

Book 66 · Issue 1 · Bab 1

Open in Qurani

Primary text

The wealth of a slave belongs to his former master upon his emancipation. This opinion is narrated from Ibn Mas'ud, Abu Ayyub, and Anas ibn Malik. It is also the view held by Qatadah, Al-Hakam, Ath-Thawri, Ash-Shafi'i, and the proponents of the Opinion (Ashab ar-Ra'y). The evidence for this is the narration from Ibn Mas'ud stating that he informed his slave Ubayr, that he must disclose his wealth before emancipation because the Prophet, peace be upon him, said: "Any man who frees his slave or young male slave and does not inform him of his wealth, then his wealth belongs to his master." Furthermore, since both the slave and his wealth were previously owned by the master, removing ownership from one part leaves ownership in the other, analogous to a sale. This is supported by the Hadith: "There is no divorce, manumission, or sale concerning what Adam's son does not own," which implies that if the master sells the slave with wealth, the wealth belongs to the seller unless the buyer stipulated it.

Supporting text

A dissenting view, supported by Al-Hasan, 'Ata', Ash-Sha'bi, An-Nakha'i, Malik, and the people of Medina, is that the wealth follows the slave. This is based on the narration from Ibn 'Umar, via Nafi', that the Prophet, peace be upon him, said: "Whoever frees a slave who has wealth, the wealth belongs to the slave." However, Imam Ahmad invalidated the chain of narration for the Hadith concerning Ibn 'Umar, deeming the narrator from Egypt weak in Hadith transmission.