Is testimony establishing the manumission (Ataq) of a male slave valid without a prior claim or corroboration from the slave?
General Chapter
Al-Mughni
Book of Testimonies
Primary text
Testimony from two witnesses establishing the manumission of a male slave is valid initially, regardless of whether the person allegedly freeing the slave confirms it or the slave claims it. This position is held by Al-Shafi'i, and by Abu Hanifa regarding female slaves. The reasoning is that the manumission is a testimony of manumission and does not require a preceding claim, similar to the manumission of a female slave. This action is distinguished from other rights because manumission is a right pertaining to Allah (swt), which is why it does not require acceptance of the manumission.
Supporting text
Abu Hanifa holds that for a male slave, manumission is not established unless the slave confirms it and claims it, as manumission is considered his right, analogous to his other rights.