In an exchange sale involving a male slave for a female slave with a condition of option (Khiyar), what happens if the parties manumit the respective slaves?
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
If a seller sells a male slave for a female slave, with the condition of option, and both parties manumit their respective acquired slaves, the manumission of the female slave is effective, but the manumission of the male slave is void.
Supporting text
If one is manumitted first, then the other, one must examine the sequence. If the female slave is manumitted first, her manumission is effective, and the option right is nullified, rendering the male slave's manumission ineffective. If the male slave is manumitted first, the sale is rescinded, ownership of the male slave reverts to the seller, and his manumission is ineffective. Furthermore, the manumission of the female slave is ineffective because she has exited the seller's ownership due to the rescission and reverted to her original master, the seller.