Which categories of enslaved persons are freed upon the violation of a binding oath regarding their freedom?
General Chapter
Al-Mughni
Book of Oaths
Primary text
Upon violating the oath, the entirety of one's slaves, bondswomen, *mudabbir* (a slave willed to be free upon the master's death), *Ummul Walad* (mother of his children), *Mukatab* (a slave who has entered into a contract of manumission), and shares (*ashqus*) of slaves and bondswomen owned by the swearer are freed. This view is held by Abu Thawr, Al-Muzani, and Ibn al-Mundhir. The justification is that all these categories are still considered the property of the swearer and are capable of manumission, thus falling under the general term used.
Supporting text
A narration attributed to Ahmad states that a share (*shaqs*) is not freed unless explicitly intended. Abu Hanifa, his companions, Ishaq, and Shafi'i hold that the *Mukatab* is not freed because he is outside the immediate ownership and disposal of his master, similar to a free person. However, this is countered by the evidence that the *Mukatab* is still considered a slave as long as any part of the payment remains due, as evidenced by the Hadith: 'The *Mukatab* is a slave as long as a dirham remains owed upon him.' Furthermore, his manumission is valid by consensus, and his legal status is that of a slave.