What is the ruling when one partner frees his share of a conditionally manumitted slave (mukātab) who has paid most of the specified price?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If a partner frees his share of a slave jointly owned and partially redeemed by installments (where the total due was 1000 Dirhams and 900 had been paid), and the freeing partner possesses wealth, he must compensate his co-owner for half the value of the slave. This ruling is supported by the first narration from Ahmad, which aligns with the view of Al-Kharqi, who mandated compensation for half the value of the slave. The rationale is that the remaining portion is still considered conditionally manumitted debt, and the freed portion might revert to slavery if the remaining debt is not covered, or the slave might die, leaving the value to be shared. Compensation should be based on the status the slave held at the time of manumission, which was being a mukātab who had paid all but one-tenth (100 Dirhams) of the price.
Supporting text
A second narration from Hanbal suggests that only the remaining 100 Dirhams is due for the freed share, and the patronage (Al-Wala') follows the portion that was freed. This view might align with Abu Bakr and Al-Qadi, who held that manumission does not extend to the portion of the debt owed by the other partner.