The Qadi stated that it follows the same course as when two guardians marry [a woman] and the prior one among them is obscure. This implies that both sales are to be annulled, just as both marriage contracts are annulled. According to Abu Bakr, there is no need for annulment; for the marriage contract was in need of annulment because of the woman, as she is certainly married through a valid marriage to one of the two, so it cannot be dissolved except by annulment. In our issue, the determination of the sale has not been established for any specific one of them, so it does not require annulment.

Section: If he writes a contract of kitaba with slaves of his in a single transaction for a single consideration—such as writing a kitaba contract for three slaves of his for one thousand [dirhams]—it is valid according to the view of most scholars, including 'Ata', Sulayman ibn Musa, Abu Hanifah, Malik, al-Hasan ibn Salih, and Ishaq. This is also the text transmitted from al-Shafi'i (may Allah be pleased with him). Some of his associates said there is another view that it is not valid, because the contract with three is like three contracts, and the consideration for each of them is unknown, so it is not valid, just as if he had sold each one of them to an individual in a single transaction for a single consideration. Our view is that the total consideration is known, and only its distribution is unknown, so it does not prevent the validity of the contract, just as if he had sold them to an individual. According to the view of one who said that the consideration is divided among them equally, then the breakdown of the consideration is also known, and upon each one of them is one-third, and he says the same if he had sold them to three people. Once this is established, each one of them is a mukatab for his portion of the thousand, and it is divided among them according to their value at the time of the contract; for that is the time of exchange and the cessation of the master's authority over them. If he pays his portion, he is emancipated. This is the view of 'Ata', Sulayman ibn Musa, al-Hasan ibn Salih, al-Shafi'i, and Ishaq. Abu Bakr 'Abd al-'Aziz said: Another view is directed for Abu 'Abd Allah, which is that the consideration is divided among them according to the number of their heads, so they are equal in it; for it was attributed to them in a single attribution, so it is among them equally, as if he had acknowledged something in their favor. Our view is that this is a consideration, so it is apportioned over the items for which the consideration is given, as if he had purchased a share [of property] and a sword, and as if he had purchased [multiple] slaves, then returned one of them for a defect, or destroyed one of them and returned the other. This differs from acknowledgment, for it is not a consideration.