What is the ruling if the master, or his heirs, remembers which of the two slaves made the payment?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 3 · Bab 1

Open in Qurani

Primary text

The ruling is the same if the master remembers which of the two slaves paid. If the other slave claims payment, he has the right to demand an oath from the defendant (either the master or his heirs).

Supporting text

If the defendant is the master, the oath must be absolute (*'ala al-batt*). If the defendants are the heirs, the oath required is one of negation of knowledge, unless the slave claims payment was made specifically to them, in which case their oaths must also be absolute. Every single heir is required to take an oath because a claim is made against each of them individually, necessitating the oath, similar to a singular claim.