Partial and Complete Emancipation of a Jointly-Owned Slave
By: Imran Ayyub Lahori
If a person frees his share in a jointly-owned slave, he will be liable for the value of the remaining shares if he has sufficient wealth. If not, only his portion will be free, and the slave will work to pay off the rest.
① Hadith of Ibn ʿUmar رضي الله عنهما:
The Messenger of Allah ﷺ said:
من أعتق شركا له في عبد وكان له مال يبلغ ثمن العبد قوم عليه العبد قيمة عدل فأعطى شركاءه حصصهم وعتق عليه العبد، وإلا فقد عتق عليه ما أعتق
“Whoever frees his share in a slave he owns jointly with others, and he has enough wealth to cover the full price of the slave, then the slave should be appraised fairly, and he should pay the partners their shares, and the slave will be fully free. But if he does not have the wealth, only the freed portion will be free.”
[Bukhari 2491, Ahmad 2/112, Abu Dawud 3940, Tirmidhi 1346, Nasa’i 7/319, Ibn Majah 2528, Bayhaqi 10/274]
② Another narration adds:
وإلا استسعي غير مشقوق عليه
“Otherwise, he should be made to work to earn his freedom without undue hardship.”
This means:
If only one partner frees his share, the slave is not immediately fully free. His status becomes similar to that of a Mukātab (contracted slave) who has partially paid for his freedom and still owes the rest.
This is also the opinion of Imam al-Bukhārī رحمه الله.
[Subul al-Salām 4/1958, Nayl al-Awṭār 4/157, al-Rawḍah al-Nadiyyah 2/326–328]
By: Imran Ayyub Lahori
Basic Ruling
If a person frees his share in a jointly-owned slave, he will be liable for the value of the remaining shares if he has sufficient wealth. If not, only his portion will be free, and the slave will work to pay off the rest.
Hadith Evidence
① Hadith of Ibn ʿUmar رضي الله عنهما:
The Messenger of Allah ﷺ said:
من أعتق شركا له في عبد وكان له مال يبلغ ثمن العبد قوم عليه العبد قيمة عدل فأعطى شركاءه حصصهم وعتق عليه العبد، وإلا فقد عتق عليه ما أعتق
“Whoever frees his share in a slave he owns jointly with others, and he has enough wealth to cover the full price of the slave, then the slave should be appraised fairly, and he should pay the partners their shares, and the slave will be fully free. But if he does not have the wealth, only the freed portion will be free.”
[Bukhari 2491, Ahmad 2/112, Abu Dawud 3940, Tirmidhi 1346, Nasa’i 7/319, Ibn Majah 2528, Bayhaqi 10/274]
② Another narration adds:
وإلا استسعي غير مشقوق عليه
“Otherwise, he should be made to work to earn his freedom without undue hardship.”
This means:
- If the emancipator lacks funds to cover the remaining value, the slave will work to earn the amount equal to the other partners’ shares.
- غير مشقوق عليه means only the work proportionate to the remaining slavery should be demanded from him.
[Nayl al-Awṭār 4/157, Subul al-Salām 4/1958, al-Rawḍah al-Nadiyyah 2/327]
Scholarly Discussion
- Some scholars, following the first Hadith, say the remaining portion stays as a slave without requiring him to work for freedom.
- Others, considering the second narration, allow him to work and pay to be fully free.
Reconciliation Between the Views
If only one partner frees his share, the slave is not immediately fully free. His status becomes similar to that of a Mukātab (contracted slave) who has partially paid for his freedom and still owes the rest.
This is also the opinion of Imam al-Bukhārī رحمه الله.
[Subul al-Salām 4/1958, Nayl al-Awṭār 4/157, al-Rawḍah al-Nadiyyah 2/326–328]
