Chapter on Emancipation and Its Rulings

Hammad narrated from al-Halabi, from Abu Abdullah عليه السلام, who said: "It is recommended for a man to draw closer to Allah سبحانه وتعالى on the evening of Arafah and the Day of Arafah through freeing slaves and giving charity."

It is narrated from Abu Basir, Abu al-Abbas, and Ubayd ibn Zurarah, from Abu Abdullah عليه السلام, who said: "If a man owns his parents, or his sister, or his paternal aunt, or his maternal aunt, or his brother's daughter, or his sister's daughter"-and he mentioned the women listed in this verse-"then they all become free. However, a man may own his paternal uncle, or his brother's son, or his sister's son, or his maternal uncle, but he may not own his mother through nursing, nor his sister, nor his paternal aunt, nor his maternal aunt. If he comes to own them, they are freed." Imam عليه السلام also said: "What is prohibited due to lineage among women is also prohibited through nursing." And Imam عليه السلام said: "A man may own males except his father and his son, and he may not own any woman who is a mahram." I said: "Does the same ruling apply in the case of nursing?" Imam عليه السلام said: "Yes, the same rulingapplies in the case of nursing."

Hammad narrated from al-Halabi, from Abu Abdullah عليه السلام, regarding a bondwoman who was jointly owned by two people, and one of them freed his share. Imam عليه السلام said: "If he is financially capable, he is required to pay and compensate for the remaining share. But if he is financially incapable, she continues to serve based on their respective shares."

Muhammad ibn Qays narrated from Abu Ja'far Imam Muhammad ibn Ali Al-Baqir عليه السلام, who said: Commander of the Faithful, peace be upon him, ruled regarding a slave who was jointly owned by two men. One of them freed his half while the slave was still a child, and the other retained ownership of his half. Imam عليه السلام said: "The slave shall be valued based on his worth on the day the first owner freed his share, and the freed slave shall be required to work to pay off the value of the half that was not freed until he fulfills the amount."

Muhammad ibn al-Fudayl narrated from Abu al-Sabbah al-Kinani, who said: I asked Abu Abdullah عليه السلام, about two men who jointly own a female slave. One of them frees his half, and the slave says to the one who did not free his half, "I do not want to be valued; leave me as I am, and I will continue serving you." Meanwhile, the owner intends to marry the other half of her. Imam عليه السلام said: "He should not do that, for a woman cannot have two private parts. Nor should he use her for service. Instead, he must value her and let her work to pay off the remaining portion."

Hammad narrated from al-Halabi, from Abu Abdullah عليه السلام, that he was asked about two men who jointly owned a slave, and one of them freed his share. Imam عليه السلام said: "If he did so with the intent of causing harm, he will be required to free the slave completely. Otherwise, the slave must work to pay off the value of the remaining half."

Hariz narrated from Muhammad ibn Muslim, who said: I said to Abu Abdullah عليه السلام, "A man inherited a slave, and there were partners with him in the ownership of the slave. He freed his share for the sake of Allah سبحانه وتعالى." Imam عليه السلام said: "If he freed his share with the intent of causing harm while being financially capable, he must compensate the heirs. But if he freed his share sincerely for the sake of Allah سبحانه وتعالى, the portion belonging to the one who freed him is emancipated. The remaining partners may utilize the slave according to their shares. For instance, if half of the slave is still owned by the partners, the slave will work one day for them and one day for himself. However, if the partner freed his share with the intent of causing harm, the emancipation is invalid because he intended to create disruption for the others. In such a case, the remaining partners retain their shares."

Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام: "There is no valid emancipation except that which is done sincerely for the sake of Allah سبحانه وتعالى, the Mighty and Majestic."

Al-Ala' narrated from Muhammad ibn Muslim, from one of the Imams, peace be upon them, who said: I asked him about a man who owned a bondwoman and said: "Whenever I approach her, she will be free." Then he sold her to another man and later bought her back. Imam عليه السلام said: "There is no harm in approaching her, as she had exited his ownership."

It is narrated from Sama'ah, who said: I asked him about a man who said to three of his slaves, "You are free," while he actually had four slaves. Then someone said to him: "You have freed all your slaves." He replied: "Yes." I asked: "Is the emancipation binding for all four because he generalized them, or is it limited to the three whom he specifically mentioned?" Imam عليه السلام said: "Emancipation is binding only for those he specifically freed."

Hammad narrated from al-Halabi, from Abu Abdullah عليه السلام, regarding a man who married his bondwoman to another man and stipulated that any child she bore would be free. Then her husband either divorced her or died, and she was married to another man. I asked: "What is the status of her child in this case?" Imam عليه السلام said: "The child is regarded like her. That condition applied only to the first husband. As for the second husband, he has the option-if he wishes, he may free the child, and if he wishes, he may keep the child as a slave."

The Messenger of Allah سبحانه وتعالى, peace be upon him and his family, said: "There is no divorce before marriage, and there is no emancipation before ownership."

Abd al-Rahman ibn Abi Abdullah asked him about a man who said to his slave, "I will free you on the condition that I marry you to this bondwoman of mine. However, if you marry another woman or take another concubine, you will be liable for one hundred dinars." Then he freed him based on this condition, and the slave either married another woman or took another concubine. Abd al-Rahman asked: "Is he liable for the one hundred dinars, and is his condition valid?" Imam عليه السلام said: "His condition is valid, and he is liable for it."

Abu Abdullah عليه السلام, was asked about a man who freed his slave on the condition that he marries his daughter and stipulated that if he marries another woman or takes another concubine, he would be liable for a specific amount. Imam عليه السلام said: "It is permissible."

Ya'qub ibn Shu'ayb asked him about a man who freed his bondwoman on the condition that she serves him for five years. However, she ran away, and then the man died. Ya'qub asked: "If his heirs find her, do they have the right to make her serve them?" Imam عليه السلام said: "No."

Jamil narrated from Zurarah, from Abu Ja'far Imam Muhammad ibn Ali Al-Baqir عليه السلام and Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام, regarding a man who freed a slave that had wealth. The Imams عليه السلام said: "If he knew that the slave had wealth, then the wealth belongs to the freed slave. But if he did not know, then the wealth belongs to the one who emancipated him." And regarding a man who sold a slave that had wealth, the Imams عليه السلام said: "If the seller knew that the slave had wealth, then the wealth belongs to the buyer. But if the seller did not know, then the wealth belongs to the seller."

Ibn Bukayr narrated from Zurarah, from Abu Abdullah عليه السلام, who said: "If a man has a slave and frees him, knowing that the slave has wealth, and the master did not exclude the wealth at the time of freeing him, then the wealth belongs to the slave."

Abd al-Rahman ibn Abi Abdullah asked him about a man who freed his slave, and the slave had wealth. Then the man who freed the slave passed away. Abd al-Rahman asked: "To whom does the wealth of the slave belong? Does it go to the one who freed the slave, or does it belong to the slave?" Imam عليه السلام said: "If he freed him knowing that the slave had wealth, then the wealth belongs to the slave. But if he did not know, then the wealth belongs to the children of his master."

Jamil narrated from Zurarah, from Abu Abdullah عليه السلام, regarding a man who freed his slave at the time of his death while he was in debt. Imam عليه السلام said: "If the value of the slave equals the amount of his debt or more, the emancipation is valid. Otherwise, it is not valid."

Hammad narrated from al-Halabi, from Abu Abdullah عليه السلام, that he was asked about a man who said: "If I die, my slave is free," while the man was in debt. Imam عليه السلام said: "If he dies and his debt equals the value of the slave, the slave shall be sold to pay off the debt. But if the debt does not equal the value of the slave, the slave must work to pay off his master's debt, and he becomes free once the debt is fully repaid."

Muhammad ibn Marwan narrated from Imam عليه السلام who said: "My father, peace be upon him, left sixty slaves and instructed in his will to free one-third of them. So, I cast lots among them and selected twenty, then I freed them."

Hariz narrated from Muhammad ibn Muslim, from one of the Imams عليه السلام, peace be upon them, who said: I asked Imam عليه السلام about a man who left a slave jointly owned by several people, and one of them testified that the deceased had freed the slave. Imam عليه السلام said: "If the witness is trustworthy, he does not have to compensate the others, and his testimony is valid for his share. As for the remaining shares belonging to the heirs, the slave must work to pay off their value."