What is the ruling when a co-owner of a slave enters into a manumission contract (*kitaba*) concerning his half share?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
A man has the right to enter into a *kitaba* contract for his half share of a slave, and this contract is valid regardless of whether the remaining half is free, owned by another, or whether the co-owner consents or not. This view is supported by the apparent position of Al-Kharqi, Abu Bakr, Al-Hakam, Ibn Abi Layla, Al-Hasan al-Basri, Al-Hasan ibn Salih, Malik, and Al-Anbari. The reasoning is that it is a valid contract of exchange concerning his half, akin to a sale, and since his ownership allows for selling or gifting, his manumission contract is also valid, similar to the case where he owned the entire slave or when the remainder is free.
Supporting text
Al-Thawri and Hammad disliked the manumission contract without the co-owner's permission, with Al-Thawri stating that if done, it should be reverted unless the contracting master secures payment for the share of the co-owner from his assets. Abu Hanifa held that it is only valid with the co-owner's permission, and that permission implies consent for the slave to pay the *kitaba* price from all future earnings without the authorizing partner having recourse to claim reimbursement. Abu Yusuf and Muhammad held that the entire slave becomes contracted for manumission. Al-Shafi'i, in one opinion, stated that if the remaining half is free, the contract is valid, but if it is owned, the contract is invalid even with permission, due to implications regarding travel and earning, which the ownership share prevents.