Is a slave (*raqiq*) permitted to emancipate his slave without his master's permission?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
Emancipation of a slave's own slave is invalid unless done with the permission of the master of the emancipator. This view is held by Al-Hasan, Al-Awza'i, Malik, Al-Shafi'i, and Abu Hanifa. The justification is that emancipating another's slave constitutes harm to the master by depriving him of his property without any corresponding gain, equating it to a gift (*hibah*). If emancipation is performed without permission, it does not take effect. The primary evidence for the invalidity stems from the fact that this is a disposition of property made without the owner's consent, rendering it void, similar to a gift, and because the act is one explicitly prohibited due to the right of the master.
Supporting text
It is alternatively derived that the emancipation could be suspended (*mawqoof*) pending the final disposition of the indentured servant (*mukatab*); if the *mukatab* fulfills his contract, the slave he emancipated is freed, but if he fails, the slave remains in bondage. This is likened to the ruling regarding freeing relatives (*dhawi al-arham*).