Who bears responsibility for a crime committed by one partner in a joint emancipation (*kitabah*)?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 1 · Bab 1

Open in Qurani

Primary text

If one partner in a joint emancipation commits a crime (*jinaayah*), that partner alone bears the consequence (*arsh*) of their action, and it does not transfer to the other partner. This position is held by Al-Shafi'i. The evidence for this ruling is the Divine saying, "No bearer of burdens shall bear the burden of another" (Quran 21:164), and the Prophet's statement, "No wrongdoer incurs guilt except upon himself." Furthermore, if two individuals jointly contracted an act, one cannot be held accountable for the crime of the other, just as in cases where full retribution (Qisas) is not applicable. Since each person is considered emancipated according to their share, each is treated as if they entered the contract individually.

Supporting text

Imam Malik holds that all partners must collectively pay the compensation (*arsh*), and if they are unable, the liability passes to their creditors (*ruqaa*).