Hadithcore
Sahih al-Bukhari, 2525
sahih

Narrated Ibn `Umar:

That he used to give his verdict regarding the male or female slaves owned by more than one master, one of whom may manumit his share of the slave. Ibn `Umar used to say in such a case, "The manumitted should manumit the slave completely if he has sufficient money to pay the rest of the price of that slave (which is to be justly estimated) and the other shareholders are to take the price of their shares and the slave is freed (released from slavery)." Ibn `Umar narrated this verdict from the Prophet.

حَدَّثَنَا أَحْمَدُ بْنُ مِقْدَامٍ، حَدَّثَنَا الْفُضَيْلُ بْنُ سُلَيْمَانَ، حَدَّثَنَا مُوسَى بْنُ عُقْبَةَ، أَخْبَرَنِي نَافِعٌ، عَنِ ابْنِ عُمَرَ ـ رضى الله عنهما ـ أَنَّهُ كَانَ يُفْتِي فِي الْعَبْدِ أَوِ الأَمَةِ يَكُونُ بَيْنَ شُرَكَاءَ، فَيُعْتِقُ أَحَدُهُمْ نَصِيبَهُ مِنْهُ، يَقُولُ قَدْ وَجَبَ عَلَيْهِ عِتْقُهُ كُلِّهِ، إِذَا كَانَ لِلَّذِي أَعْتَقَ مِنَ الْمَالِ مَا يَبْلُغُ، يُقَوَّمُ مِنْ مَالِهِ قِيمَةَ الْعَدْلِ، وَيُدْفَعُ إِلَى الشُّرَكَاءِ أَنْصِبَاؤُهُمْ، وَيُخَلَّى سَبِيلُ الْمُعْتَقِ‏.‏ يُخْبِرُ ذَلِكَ ابْنُ عُمَرَ عَنِ النَّبِيِّ صلى الله عليه وسلم‏.‏ وَرَوَاهُ اللَّيْثُ وَابْنُ أَبِي ذِئْبٍ وَابْنُ إِسْحَاقَ وَجُوَيْرِيَةُ وَيَحْيَى بْنُ سَعِيدٍ وَإِسْمَاعِيلُ بْنُ أُمَيَّةَ عَنْ نَافِعٍ عَنِ ابْنِ عُمَرَ ـ رضى الله عنهما ـ عَنِ النَّبِيِّ صلى الله عليه وسلم مُخْتَصَرًا‏.‏

Isnad

4 transmitters
Fdyl bin Sulaiman al-NmyryMusa bin 'UqbaNafie'ibn Umar
References2 variants
In-Book Reference
Book 49, Hadith 9
USC-MSA web (English) reference
Vol. 3, Book 46, Hadith 702 (deprecated numbering scheme)
Sharh · explanationclick to expand
The Islamic Laws of Islam 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, Naafi‘, the freed slave of ‘AbdullahIbn ‘Umar (may Allah be pleased with him) stated that Ibn ‘Umar (may Allah be pleased with him) used to issue his Fatwaa (i.e., give a scholarly opinion), narrating it on the authority of the Prophet ﷺ, regarding jointly owned male or female slaves when one of the co-owners wants to manumit his share. Regardless of having a big or small share, it is obligatory on the co-owner to completely manumit him or her if can afford the price of the other shares. Such a master of the jointly owned male or female slave is enjoined to pay the other co-owners the monetary value of their shares, if he can afford it, tomanumit the slave completely 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 required to fairly assess the price of the slave and pay the other masters the monetary value of their shares, tomanumit the slave completely and release him from slavery. 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. .