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سنن دارمي
Darimi
من كتاب الفرائضFrom the Book of Inheritance
باب في الْعَبْدِ يَكُونُ بَيْنَ الرَّجُلَيْنِ فَيَعْتِقُ أَحَدُهُمَا نَصِيبَهُ:Chapter on a slave owned by two men, and one frees his share
Hadith 3174
اُردوEn
حَدَّثَنَا هَارُونُ، عَنْ أَبِي سُفْيَانَ، عَنْ مَعْمَرٍ، عَنْ الزُّهْرِيِّ، قَالَ: "مِيرَاثُهُ لِلَّذِي أَمْسَكَهُ . وقال قَتَادَةُ: هُوَ لِلْمُعْتِقِ كُلُّهُ، وَثَمَنُهُ عَلَيْهِ، وَيَقُولُهُ أَهْلُ الْكُوفَةِ.
Imam Zuhri, may Allah have mercy on him, said: His inheritance will go to the one who has withheld his share, and it is entirely for the emancipator, and the remaining price is also due upon the emancipator. The people of Kufa say the same.
Brief Explanation
(Commentary on Hadiths 3170 to 3174)
If a slave has two owners, and one of them sets him free while the other withholds his share, then the correct view regarding this is that if the owner who sets him free is wealthy, he should, as an act of kindness, pay the other owner his share of the price, and the right of inheritance (wala’) will belong to the first emancipator. If, however, the first owner is poor and cannot pay the amount, then the slave should be made to work and earn, and after paying the other owner his share of the price, he will become free. In this case, the right of wala’ will be divided between both owners.
And Allah knows best.
If a slave has two owners, and one of them sets him free while the other withholds his share, then the correct view regarding this is that if the owner who sets him free is wealthy, he should, as an act of kindness, pay the other owner his share of the price, and the right of inheritance (wala’) will belong to the first emancipator. If, however, the first owner is poor and cannot pay the amount, then the slave should be made to work and earn, and after paying the other owner his share of the price, he will become free. In this case, the right of wala’ will be divided between both owners.
And Allah knows best.
