What is the ruling when one partner in a jointly owned slave frees the share belonging to the other partner, who is solvent, after the *mukatab* status was established for the first partner's share?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If one partner establishes *kitaba* (contract for manumission) for his own share of a jointly owned slave without the permission of the other partner, and then the non-contracting partner frees his share while solvent, the entire slave becomes free. This manumission extends to the entire slave (*sarayan*). The emancipating partner must compensate his co-owner for the value of his share, calculated based on the price the share was contracted for (*mukataban*). This is supported by the general ruling that whoever frees a part of a slave he co-owns must pay the full value of the slave if he is solvent, as evidenced by the Prophet's statement: "Whoever frees his share in a slave, and he has assets equal to the slave's value, he will be compensated at a fair value." The extension of freedom applies because the emancipated portion is solvent and unhindered, similar to when a fully owned slave is freed.
Supporting text
Abu Bakr and Al-Qadi argue that manumission does not take immediate effect. Instead, it is deferred; if the *mukatab* fulfills his contract, the rest of the slave is freed under the *kitaba* agreement, and the master's right of manumission (*wala'*) is shared. If the *kitaba* is dissolved due to the slave's inability to pay, the manumission takes effect immediately, and the value is assessed at that time. Ibn Abi Layla held that the partner's manumission is suspended pending the *mukatab*'s performance; if he pays, the slave is freed, and the *mukatab* guarantees the value of the partner's share, making the *wala'* solely for the *mukatab*. If the *mukatab* defaults, the partner's manumission takes effect, and he compensates the *mukatab* for half the value, with the *wala'* belonging entirely to the *mukatab*.