Is it permissible for a guardian to free an orphan's slave without receiving compensation (manumission without consideration)?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 2 · Bab 5

Open in Qurani

Primary text

It is suggested that freeing an orphan's slave without compensation can be valid if there is a clear benefit for the orphan. For instance, if the orphan possesses a female slave and her daughter, whose combined value is one hundred, but if separated, each would be worth two hundred, and the daughter cannot be sold separately. The guardian may free the mother so that the remaining asset (the daughter) increases in value to double her original worth.

Supporting text

The general rule regarding manumission without compensation is prohibition unless a specific benefit is strongly implied. Freeing a slave without compensation is generally disallowed as it involves giving away property without return, though rare exceptions based on maximizing asset value are considered.