What is the ruling if one heir emancipates his share of the part-Mukatab slave?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If one heir emancipates his share, the slave is freed, and emancipation extends to the remainder if the emancipator is financially capable. This is the position of Al-Kharqi, based on the Prophet's saying: 'Whoever emancipates his share in a slave, and he has wealth sufficient to cover the slave's value, the slave is appraised at a fair value, and his partners are given their shares.' A financially capable person who emancipates his share in a jointly owned slave causes emancipation to extend to the remainder, like a non-Mukatab slave.
Supporting text
Abu Bakr and Al-Qadi hold that only his share is emancipated. If the emancipator is the confirming heir, he is implementing his father's action. If he is the denying heir, emancipation does not extend to the share of the confirming heir because it is a Mukatab belonging to another, and extending emancipation to it would nullify the basis of loyalty over it, which is not permissible.