What is the ruling if one master admits receiving his share of the manumission payment, but the other denies it?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If one master admits receiving his portion, the slave gains freedom to the extent of that admitted share. Regarding the share owed to the denying master, according to the opinion attributed to Al-Khiraqi, the testimony of the confirming partner is accepted against the denier, provided the witness is just (adil). The slave then swears an oath alongside the testimony, becoming fully free. The denying master must then seek recompense from the testifying partner for half of what the partner received, as the captured payment is considered joint earnings of the slave.
Supporting text
The opposing legal principle (al-Qiyās) suggests that the partner's testimony should not be accepted against the denier because the testimony benefits the witness by absolving the slave (and thus indirectly benefiting the witness's claim) while imposing liability on the denier. Under this view, the denier's oath suffices, and he is entitled to claim half of the amount the affirming partner acknowledged receiving (twenty-five units, assuming the total was one hundred), as this income is joint property. The denier denies his own receipt, not his partner's receipt, and since the partner admits receipt, the original obligation stands. If the denier later pays the affirmed amount, the partner's share is settled, and the slave owes nothing further to the partner.