Are the witnesses liable for compensating the value of the slave when manumission occurs contrary to the specific condition ruled upon by the judge?
General Chapter
Al-Mughni
Book of Manumission
Primary text
There are two opinions regarding the liability of the two witnesses to compensate for the value of the slave in this scenario. The opinion favoring liability is held by Abu Hanifa, based on the false testimony causing the manumission.
Supporting text
The second opinion holds that the witnesses bear no liability. This view is held by Abu Yusuf and Muhammad. Their reasoning is that the manumission did not occur based on the judgment stemming from their testimony, but rather occurred upon the actual loosening of the fetter, an event about which they did not testify. Therefore, they are not liable, similar to a situation where the judge had not rendered a judgment at all.