Is it permissible for the two masters to differ in the compensation amount when agreeing to free their jointly-owned slave?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
It is permissible for the two masters to differ in the compensation amount agreed upon for the manumission of their jointly-owned slave. This is permissible because each master is contracting regarding their specific share, making it comparable to a sale contract where differing compensation is allowed. Furthermore, even if one master is compensated less than the other, any potential harm or benefit derived by one from the other's share is either contingent upon the slave's future default, or it is a harm to which the master consented when agreeing to the lesser compensation.
Supporting text
Al-Shafi'i holds that it is impermissible for the compensation amounts to differ while ownership shares are equal, as this leads to one master profiting from the other’s property if the slave defaults. This is rejected because the benefit only materializes upon the dissolution of the contract terms (default) and is ultimately rectified by dividing future earnings equally according to ownership shares.