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سنن ابي داود
Abu Dawud
كتاب العتقThe Book of Manumission of Slaves (Kitab Al-Itaq)
باب فِيمَنْ رَوَى أَنَّهُ، لاَ يَسْتَسْعِيChapter: Regarding Whoever Reported That He Is Not Asked To Work.
Hadith 3945
اُردوEn
حَدَّثَنَا عَبْدُ اللَّهِ بْنُ مُحَمَّدِ بْنِ أَسْمَاءَ ، حَدَّثَنَا جُوَيْرِيَةُ ، عَنْ نَافِعٍ ، عَنْ ابْنِ عُمَرَ ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، بِمَعْنَى مَالِكٍ وَلَمْ يَذْكُرْ وَإِلَّا فَقَدْ عَتَقَ مِنْهُ مَا عَتَقَ انْتَهَى حَدِيثُهُ إِلَى وَأُعْتِقَ عَلَيْهِ الْعَبْدُ عَلَى مَعْنَاهُ .
The tradition mentioned above has also been narrated by Ibn Umar through a different chain of transmitters to the same effect as mentioned by Malik. In this version there is no mention of the words "otherwise he will be emancipated to the extent of the first man's share. " His version ends "and the slave be thus emancipated, " to the same effect as he (Malik) mentioned.
Brief Explanation
1؎: The summary of all the narrations from Abu Hurairah and Ibn ‘Umar (radi Allahu anhuma) is that if someone frees his share from a jointly owned slave and he is wealthy, then he must pay the value of the remaining share to his partner, and the slave will become completely free. Otherwise, the slave should be made to work, without compulsion, to earn the remaining amount, and when even this is not possible, then the remaining share will continue to belong to the other owner, and the slave will continue to serve his other master in proportion to that share. In this sense, there is no difference in the narrations (Fath al-Bari).
