Abu Dawud

Hadith Commentary:
That is, the value of the entire slave will be assessed in the state of slavery, meaning that the portion which has been set free—if it too had not been freed, what would its value have been.
If there is not enough wealth, then only the portion that belonged to him is considered freed.
‘Ayni has mentioned fourteen different opinions regarding this issue.
But Imam Ahmad rahimahullah, Imam Shafi‘i rahimahullah, and Ishaq rahimahullah have given a ruling in accordance with this hadith, and Hazrat Imam Abu Hanifah rahimahullah says that in such a case, the other partner will have the choice: either he may also set his share free, or he may make the slave work and recover the price of his share through labor,
or, if the one who set free is wealthy, he may recover the price of his share from him.
In the first and second cases, the inheritance of the slave will go to both, and in the third case, only to the one who set free.
The correspondence between the chapter and the hadith is clear: that the exact value of the slave should be assessed and distributed among all his owners.

Hadith Commentary:
Only that portion will be freed on his behalf.
This hadith is cited here because the word "abd" is used for a slave in it.
Thus, metaphorically, the term "abd" can be used for a slave.

Hadith Commentary:
This brief narration has been reported by Imam Bayhaqi rahimahullah, whose wording is as follows:
“Whoever frees his share from a jointly-owned slave, then that slave will become completely free.”
(Al-Sunan al-Kubra lil-Bayhaqi: 10/277)

Hadith Commentary:
That is, the phrase "fa-qad 'utaqa minhu ma 'utaqa" is either part of the hadith itself or it is the statement of Nafi'. However, other narrators such as Ubaydullah and Malik, etc., have included this phrase within the hadith, and that is the preferred (rajih) view.

Hadith Commentary:
There is much disagreement regarding the issue stated by Imam Bukhari rahimahullah, and the basis of this disagreement is whether the emancipation of a slave is divisible or not. Imam Bukhari rahimahullah’s position is that emancipation can be analyzed (i.e., divided).

During the era of slavery, several people would jointly purchase a slave. Now, if one of them wished to emancipate his share, the rule regarding this was that first, the correct and just price of the slave should be determined. Then, if the one emancipating his share is wealthy, he should pay the other partners the value of their shares; in this case, the slave would become completely free.

If that person is not wealthy, then only his share will be emancipated, and the slave will not become completely free.

In this way, emancipation can be divided.

Some people are of the opinion that emancipation cannot be divided; rather, by emancipating one share, the slave becomes completely free.

If the person is affluent, he must pay compensation for the value of the remaining shares.

If he is not affluent, then the slave will be compelled to work and earn.

The question arises: if the one emancipating his share is indigent and the slave is also incapable of working and earning, then what should be done? In any case, according to our inclination, emancipation is divisible, and a part of the slave can be free while another part remains enslaved; there is no problem in this.

Imam Bukhari rahimahullah has presented a further solution to this in the next chapter.

Hadith Commentary:
Vocabulary of the Hadith:
‘Itq (Emancipation):
The word ‘itq is used for various meanings:
generosity,
beauty,
nobility and distinction,
freedom and liberty,
and when it is said, “A‘taqa al-‘abda fulan,” it means,
he set the slave free.

(2)
Shirk: Share, portion.

Benefits and Issues:
Islam, in accordance with the pre-existing and prevailing view, permitted making prisoners of war into slaves for their betterment and education and training, but did not treat them like cattle and beasts as was the custom among the Greeks, Romans, and Western nations, nor did it deprive them of human dignity.
Rather, Islam granted them human honor and stated their rights,
even declaring them as brothers,
and taught good treatment towards them.
The Prophet (sallallahu alayhi wa sallam) said:
(Akhrimūhum karāmata awlādikum)
Honor them with the same dignity as your own children.
And he said:
No person should say “abdi” (my slave)
or “amatī” (my slave-girl),
nor should a slave call his master “rabbī” (my lord).
And the Prophet (sallallahu alayhi wa sallam), at the time of his last breath, said:
(as-salāta wa mā malakat aymānukum)
Be mindful of prayer and of those whom your right hands possess (your slaves).
Therefore, in various ways, encouragement was given to set them free.
According to this principle, if someone frees his share in a jointly-owned slave and has the means to free the remaining share, he is commanded to free the rest as well.

Hadith Commentary:
Vocabulary of the Hadith:
(1)
Waks:
Deficiency and loss.
(2)
Shatat:
Oppression and injustice, or excess and addition.

Benefits and Issues:
The one who sets free (a slave) is encouraged and urged that if he can bear this financial burden, then he should do so; there is great virtue in it.

Urdu footnote:
The relevance of this narration is with the next chapter, except if the meaning of this chapter is that partnership in wealth, i.e., besides money, can also be in other things, for example: a slave. Then this hadith can also be related to the next chapter.

Benefits and Issues:
➊
To set the price with justice means to estimate how much this slave could be sold for in that time and place. For example:
If someone owns half of the slave and the estimated price of the slave is one hundred dinars, then he should pay fifty dinars to his other partner or partners, purchase the remaining half of the slave, and then set him free.

➋
In the aforementioned example, if the one who wishes to free the slave does not have the means to pay fifty dinars, then the slave will be considered half-free and half-slave. Therefore, if he is killed, half the blood money (fifty camels) will be taken, and half the amount of the slave’s price will also be taken.
And in those matters where such division is not possible, he will be considered a slave, just as is the ruling for a mukatab (contracted slave) who has not completed payment.
And Allah knows best.

Hadith Authentication: [وأخرجه البخاري 2522، ومسلم 1501، من حديث مالك به]
Jurisprudential Explanation:
➊ Islam encourages the emancipation of slaves.
➋ If a person frees his share in a slave, then that slave will be free from that person’s ownership, but if another person’s share remains, then the slave will remain the slave of the other person unless he also frees his share.
➌ It is narrated from Sayyiduna Abu Hurairah radi Allahu anhu that the Prophet sallallahu alayhi wa sallam said: Whoever frees his share in a slave, then the complete freedom of that slave is upon him, provided he has wealth; otherwise, the value of the slave will be assessed, and the slave will be told to strive (to collect wealth) and free himself, but he should not be treated harshly. [صحيح بخاري : 2527، صحيح مسلم : 1503،]
➍ It is narrated from Sayyiduna Imran bin Husayn radi Allahu anhu that a man, at the time of his death, freed his six slaves, and he had no other wealth besides them. So the Messenger of Allah sallallahu alayhi wa sallam called those slaves, divided them into three groups, then drew lots and freed two slaves, and kept four in slavery. He (the Prophet) condemned the person who freed (all) in this manner. [صحيح مسلم : 1668، دارالسلام : 4335]
It is understood from this that a dying person can only bequeath up to one third (one-third) of his wealth.

Benefit:
It is established from this hadith that slavery can be divided. Several people would jointly purchase a slave. If one of them wished to free his share, the method was that first the correct value of the slave would be determined. Then, if the one wishing to free (his share) is wealthy, he should pay the other partners the value of their shares accordingly; in this way, the slave would become completely free. If that person is not wealthy, then only his share will be freed, and the slave will not be completely free.