Hadithcore
Sahih Muslim, 1502
sahih

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) as saying:

The slave who is jointly owned by two persons, and is emancipated by one of them, (this one) has liability (upon him to secure complete freedom for that slave).

وَحَدَّثَنَا مُحَمَّدُ بْنُ الْمُثَنَّى، وَابْنُ، بَشَّارٍ - وَاللَّفْظُ لاِبْنِ الْمُثَنَّى - قَالاَ حَدَّثَنَا مُحَمَّدُ، بْنُ جَعْفَرٍ حَدَّثَنَا شُعْبَةُ، عَنْ قَتَادَةَ، عَنِ النَّضْرِ بْنِ أَنَسٍ، عَنْ بَشِيرِ بْنِ نَهِيكٍ، عَنْ أَبِي هُرَيْرَةَ، عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ فِي الْمَمْلُوكِ بَيْنَ الرَّجُلَيْنِ فَيُعْتِقُ أَحَدُهُمَا قَالَ ‏

‏ يَضْمَنُ‏

‏ ‏.‏

Isnad

7 transmitters
  1. 1Muhammad bin al-Muthna - al-Zamanal-Basra · d. 252 AH
  2. 2Muhammad bin Ja'far bin Abi KathirMedina
  3. 3Shu'bah bin al-HajjajWasit,Basra · d. 160 AH
  4. 4QatadaBasra/Medina · d. ~117 AH
  5. 5al-Nadr bin Anas bin Malikal-Basra · d. > 100 AH
  6. 6Bashayr bin Nahaykal-Basra
  7. 7Abu HurairahMakkah/Medina/Yemen/Bahrain · d. 59 AH/681 CE
References2 variants
In-Book Reference
Book 20, Hadith 3
USC-MSA web (English) reference
Book 9, Hadith 3580 (deprecated numbering scheme)
Sharh · explanationclick to expand
The Shariah has protected all rights including the partners' rights. It has forbidden any kind of offense practiced by one partner against the other. This Hadīth clarifies that when two people own a slave jointly and one of them emancipates his share of that slave, this entails emancipating the rest of the slave. When the Prophet (may Allah's peace and blessings be upon him) said: "He should guarantee," it meant that the emancipator should guarantee his partner's share of the slave whom he emancipated, i.e., he is financially responsible for securing the complete freedom of that slave. In the Two Sahīh Collections: "But if he has no money, the slave will be required to work to pay for his freedom, but must not be overburdened." So, it made it clear that if the emancipator is poor and has no money to free the rest of the slave, he remains in slavery and is required to work for his freedom and to pay for the share of the partner who did not emancipate him. However, he should not be assigned tasks that are hard for him or beyond his ability..
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