What is the ruling if a person emancipates two slaves such that each slave is deemed to fulfill half of both expiations simultaneously?
General Chapter
Al-Mughni
Book of Zihar
Primary text
This depends on the established difference of opinion regarding whether emancipating half of two necks for a single expiation suffices. According to Al-Kharqi, it suffices because fractional shares are treated like whole persons in matters where minor defects are disregarded, citing Zakat where possessing half of eighty sheep is like possessing forty sheep, although the sacrifice (Udhiyah) is prevented by a minor defect. Thus, for expiation, sharing the emancipation suffices.
Supporting text
Abu Bakr and Ibn Hamid hold that it does not suffice, which is also the position of Malik and Abu Hanifa. They argue that what is commanded to be dedicated to a specific person for an expiation cannot be divided between two parties, similar to the measure (Mudd) in feeding the poor. The Shafi'is also hold these two views, with a third view suggesting it suffices only if the remaining portion of the two slaves' emancipation is free; otherwise, it does not suffice. The preferred position is that it suffices because emancipating half of two necks for two expiations is equivalent to emancipating two slaves for two expiations.