If a partner denies receiving his share of the price used to buy the slave's freedom, and his two partners testify against him regarding the receipt, is their testimony accepted?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If one partner denies taking his share of the price, and his two partners, being just, testify against him, their testimony is accepted because they are just witnesses testifying to the slave achieving what frees him, similar to a non-owner. The one against whom testimony was given must share with them what they took, as they admit to taking two-thirds of the slave's price, which must be distributed among the owners equally. Their testimony regarding what benefits them exclusively (not defending themselves from a liability) is not accepted, but their testimony regarding what benefits the slave, without benefiting themselves, is accepted.
Supporting text
According to the strict analogy of the school (*qiyas al-madhhab*), the testimony of the partners should not be accepted against their co-owner regarding the receipt because they are defending themselves from a financial liability (*mugharram*). If a witness's testimony brings a benefit to himself, the entire testimony is void, except in cases of confession (*iqrar*). Following this analogy, the shares of the testifying partners are freed based on their admission, and the share of the one against whom testimony was given is suspended pending physical receipt (*qabd*). He may demand his share or share with the other partners in what they took, and the one from whom the money was taken has no recourse against the others.