What is the ruling when a master enters into a contract of manumission with two slaves and receives the payment from one, without knowing which one paid?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The mandatory ruling requires casting lots (*qur'a*) between the two slaves. The one upon whom the lot falls is manumitted, and the other remains enslaved, similar to when a master manumits one of his slaves but forgets which one. If the slave who was not freed by the lot claims he already made the payment, the alleged paying slave must swear he did not pay him. If he refuses to swear (*nakala*), the other slave is manumitted.
Supporting text
If the master dies before the lot is cast, the heirs cast lots. If the other slave claims payment against the heirs, they must swear to their lack of knowledge of the payment, as this is an oath regarding the negation of another's action. If either slave provides proof (*bayyinah*) that he paid, he is freed, regardless of whether this proof comes before or after the lot casting, or during the master's life or after his death. Proof is stronger than the lot casting, establishing error in the lot's outcome, thereby confirming the enslavement of the one thought free and the freedom of the one thought enslaved. This is because the one who did not pay does not become a payer merely by the lot falling to him.