Does stating 'You are Mudabbar' or 'I have performed Tadbir for you' require intention (Niyyah) to be effective?
General Chapter
Al-Mughni
Book of Tadbir (Deferred Emancipation)
Primary text
If the master states, 'You are Mudabbar' or 'I have performed Tadbir for you,' the slave becomes Mudabbar by the very utterance, without requiring an explicit intention. This is the explicit position of Al-Shafi'i. The evidence supporting this is that these are terms specifically designated for this contract, and therefore do not require intention, similar to the validity of a sale contract upon utterance.
Supporting text
Some companions of Al-Shafi'i hold an alternative view, stating that these phrases are not explicit for Tadbir and consequently require intention, analogizing them to kinayah (allusive terms) because they are not frequently used for this purpose. However, this is rejected because unlike allusive terms, these phrases are specifically designated for this legal act.