Is manumission established for a *mudabbar* based on one male witness and the slave's oath, or one male witness and two women?

General Chapter

Al-Mughni

Book of Tadbir (Deferred Emancipation)

Book 67 · Issue 7 · Bab 1

Open in Qurani

Primary text

There are two narrations regarding whether manumission is established by one male witness and the slave's oath, or one male witness and two women. The second narration, which is superior, states that it is established because the statement dissolves the master's ownership over his slave, resembling a sale. Evidence is sought to establish a ruling upon the one being testified against; in this case, it is the removal of his ownership over his property, which is thus established by this evidence. If another benefit is attained by the beneficiary, it does not prevent the establishment of freedom through this evidence. Furthermore, since manumission is sought after and based on prevalence and transmission (*sarayah*), the means of establishing it should be facilitated.

Supporting text

The first narration, which is the view of al-Shafi'i, states that it is not established by this evidence because what is established through it is freedom and complete legal rulings, which is not property nor primarily intended for property, and it is generally known by men, thus resembling marriage and divorce.