A slave shared by two men, one of whom frees his share

It is narrated from Sayyiduna Abu Hurayrah (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said: "Whoever frees his share in a slave, it is binding on him, if he has wealth, to pay his partner and free the slave completely. If he has no wealth, the slave shall be made to work in exchange for that value, without being burdened."

It is narrated from Sayyiduna Ibn Umar (may Allah be pleased with them both) that the Prophet (peace and blessings be upon him) said: "If that person is wealthy, he will be liable. And if he is not wealthy, then the share he freed will be counted as freed."

It is narrated from Sayyiduna Ibn Umar (may Allah be pleased with them both) that the Prophet (peace and blessings be upon him) said: "Whoever frees his share in a slave, then if he has wealth, he will be liable to his partner for the value." Sayyiduna Ibn Umar (may Allah be pleased with them both) said: If he is not wealthy, the slave himself will work to earn his remaining value.

And Sayyiduna Ibn Umar (may Allah be pleased with them both) said: If he has no wealth, the slave shall work to earn his value.

Abd al-Rahman bin Yazid said: A slave was jointly owned between me, al-Aswad and our mother. That slave took part in the Battle of al-Qadisiyyah and showed great bravery. They all wished to free him, and I was young at the time. Al-Aswad mentioned this to Sayyiduna Umar (may Allah be pleased with him). Sayyiduna Umar (may Allah be pleased with him) said: "You free your share, and Abd al-Rahman will have his share, until he too comes to desire what you desired (that is, freeing him) or else takes his share."

Al-Aswad said: A slave was jointly owned between me and my brothers, and I wished to free him. I went to Sayyiduna Ibn Mas'ud (may Allah be pleased with him) and mentioned it to him. He (may Allah be pleased with him) said: "Do not cause harm to your partners' share, or you will be liable. Wait until they have grown up."

Something similar is narrated from Sayyiduna Umar (may Allah be pleased with him).

Sa'id bin al-Musayyib (may Allah have mercy on him) said: If a man who is wealthy frees his share in a jointly owned slave, then it is reported from thirty Companions (may Allah be pleased with them) that he is liable to his partner.

It is narrated from Ibn Awn (may Allah have mercy on him) that a slave was jointly owned by two men, and one of them freed him. His partner rode to Sayyiduna Umar (may Allah be pleased with him), who wrote: "Let the slave be valued against him at the highest price, and let him pay the liability."

Al-Sha'bi (may Allah have mercy on him) said: Shurayh the judge used to imprison him for it.

It is narrated from Ibrahim (may Allah have mercy on him) that if a slave is jointly owned by two people and one of them frees his share, then if he has wealth he is liable to his partner, and if he has no wealth the slave will work to earn his remaining value.

Usamah bin Zayd said: I asked Sulayman bin Yasar, and he said the same. I said: "But he is a minor." He said: "That is the Sunnah."

Al-Hasan said: If a person frees his share of a slave in which he holds a share, he is liable for the remaining share if he is wealthy, and if he is not wealthy the slave will himself work to earn his remaining value.

It is narrated from Urwah that if a slave is jointly owned by two men and one of them frees his share, he is liable for his partner's share.

It is narrated from Amir that a slave was jointly owned by two men, and one of them freed his share. He said: "He has become fully free. If the man has no wealth, the slave will work for the remaining half of the value, and the slave's wala' goes to the one who freed him."

It is narrated from Abu Mijlaz that a slave was jointly owned by two men, and one of them freed his share. The Prophet (peace and blessings be upon him) detained him until he sold some young slaves of his for it.

Ibrahim (may Allah have mercy on him) and al-Sha'bi (may Allah have mercy on him) said concerning a slave jointly owned by two men, one of whom frees his share: "He is counted as freed from the wealth of the one who freed him, and that person is liable to his partner for the fair value as it stood at the time he freed him."