What is the ruling if the mortgagor acknowledges having manumitted (freed) the mortgaged bondswoman?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
The acknowledgment of manumission is valid, and she is released from the mortgage. This view is held by Abu Hanifa. The rationale is that if he were to manumit her directly, his manumission would be effective, thus his admission of manumission should also be accepted, like any other admission not related to the mortgage, as his admission of freeing her carries the force of him declaring, 'You are free.'
Supporting text
One opinion attributed to Al-Shafi'i is that the acknowledgment is not accepted, based on the premise that his manumission of the mortgaged property is invalid.