Does the *Tadbir* (conditional manumission) of one partner's share in a mortgaged slave extend to the share of the co-owner?
General Chapter
Al-Mughni
Book of Tadbir (Deferred Emancipation)
Primary text
The *Tadbir* (conditional manumission) decreed by one partner regarding their share in a slave does not extend to the share of the co-owner, regardless of whether the co-owner is wealthy (*mūsir*) or insolvent (*muʿsir*). The evidence is that the *Tadbir* is an attachment of manumission to a condition, and thus it does not propagate, similar to attaching manumission to entry into a house. This differs from *Istīlād* (conception by a master), which is stronger and results in manumission from the entire property.
Supporting text
Abu Al-Khattab mentioned an opinion that the *Tadbir* does propagate to the co-owner's share if the co-owner is wealthy (*mūsir*), and the co-owner's share is valued against them. This view is attributed to Abu Hanifa, arguing that the co-owner deserved manumission upon the master's death, so the effect extends, similar to *Istīlād*.