Is the manumission of a pledged slave valid if done with the pawnee's permission?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 1 · Bab 1

Open in Qurani

Primary text

The manumission of a pledged slave is valid under all circumstances if the pawnee (mortgagee) gives permission. This is because the restriction on manumission existed only to protect the pawnee's right, and their permission nullifies that right. The manumission is effective whether the emancipator is wealthy or indigent. The pawnee's right is removed from the collateral document because they consented to an act that conflicted with their right, and having agreed to the act itself, they have no recourse for compensation.