Sahih al-Bukhari, 2521
sahihNarrated Ibn `Umar:
The Prophet (ﷺ) said, "Whoever manumits a slave owned by two masters, should manumit him completely (not partially) if he is rich after having its price evaluated."
حَدَّثَنَا عَلِيُّ بْنُ عَبْدِ اللَّهِ، حَدَّثَنَا سُفْيَانُ، عَنْ عَمْرٍو، عَنْ سَالِمٍ، عَنْ أَبِيهِ ـ رضى الله عنه ـ عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ
مَنْ أَعْتَقَ عَبْدًا بَيْنَ اثْنَيْنِ، فَإِنْ كَانَ مُوسِرًا قُوِّمَ عَلَيْهِ ثُمَّ يُعْتَقُ
.
Isnad
5 transmittersReferences2 variants
- In-Book Reference
- Book 49, Hadith 5
- USC-MSA web (English) reference
- Vol. 3, Book 46, Hadith 697 (deprecated numbering scheme)
Sharh · explanationclick to expand
The Islamic Laws of Islamhas assigned a special care to the manumission of slaves, urged Muslims to free their slaves, and facilitated its means (to ultimately free people from their condition of slavery). Therefore, it prescribes many laws and regulations encouraging and facilitating the manumission of slaves. In this hadeeth, the Prophet ﷺ enjoins whoever wanted to manumit his share of a jointly owned slave, to completely manumit him or her if he can afford the price of the other shares, based on the adequate price of the slave. Such a co-owner of the jointly owned male or female slave is obliged to pay the other co-owners the monetary value of their shares, if he can afford it, tomanumit the slave completely and so that he becomes a free person. Being able to afford it here means having excess wealth beyond his needs and those of his dependents, including their basic needs such as accommodation, clothes, and the like. If he is financially able to do so, he is enjoined to fairly assess the price of the slave and pay the other co-owners the monetary value of their shares, tomanumit the slave completely. If he cannot afford it, then the slave will be partially manumitted. In the same vein, it was narrated that on the authority of Aboo Hurayrah (may Allah be pleased with him) that the Prophet ﷺ said: “(Whoever manumits his share of a jointly owned slave, it is imperative for him to get that slave manumitted completely by paying the remaining price), and if he cannot afford it, then the price of the slave should be estimated justly, and he is to be allowed to work and earn the amount that will manumit him (without overburdening him).” [Al-Bukhaaree and Muslim]. This means that the partially manumitted slave may work and earn money to pay the rest of the price to free himself completely, provided that he must not be overburdened by work if he is unable to do so. .