Musannaf Ibn Abi Shaybah

Hasan (may Allah have mercy on him) said regarding a slave who is shared between three men, and then one of them makes him a mukatab (contracted for manumission): what that person receives from the mukatab slave will be taken from him and the wealth will be divided among the three partners, and the slave will remain the property of all three. It is not permissible to make him a mukatab.

Hazrat Saeed bin Al-Musayyib (may Allah have mercy on him) was asked about a mukatab (a slave contracted for manumission) who was jointly owned by three people. Some of them separated him from the contract of manumission, and some received the payment for manumission but did not separate him. That mukatab slave died and left behind a lot of wealth in inheritance. So, who will receive his inheritance? Hazrat Saeed bin Al-Musayyib (may Allah have mercy on him) replied: Those who had made him a mukatab should be given the remaining amount of the contract, then whatever remains after that will be shared among them.

Hazrat Hakam and Hazrat Hammad were asked about a slave who is jointly owned by two people: what is the ruling if one of them makes him a mukatab (contracted for manumission)? Hazrat Hammad disliked this, while Hazrat Hakam permitted it and did not see any harm in doing so.

Hazrat Aamir says that if a person makes his share in a slave a mukatab, and if his partners find out before the payment, it will be rejected, but if the payment is made before they find out, it will not be rejected.

Hazrat ‘Amir says regarding a slave who was jointly owned by three people: two of them set him free, then the slave passed away and left behind some wealth. So, the two who freed the slave will be guarantors for one-third of the wealth on behalf of the third person. After that, his inheritance will be divided into three parts, and each partner will receive one share.

Hasan says: If a slave is jointly owned by two people, it is disliked to make him a contract slave (mukatab) without the permission of the other partner. And if he is made a contract slave without permission, then whatever amount the first partner receives from the slave, he will share that amount with the other partner. Then, if the slave pays the full amount of the contract, he will become free, and for the master who did not set him free, the slave will work to pay half of his price. The right of allegiance (wala’) of this slave will belong to both of them.