initially, that is established, regardless of whether [the person regarding whom emancipation is testified] acknowledges it or does not acknowledge it (19). This is the opinion of al-Shafi'i. Abu Hanifa held the same view regarding a female slave. Regarding a male slave, he said: It is not established unless the slave acknowledges it and claims it; because the emancipation is his right, so it resembles his other rights. Our position is that this is testimony to an emancipation, so it does not require a prior (20) claim, like the emancipation of a female slave, and it differs from other rights; because it is a right belonging to Allah Almighty, and for this reason, it does not require the acceptance of the emancipation (21). The evidence for this is the female slave. What they mentioned is invalidated by the emancipation of a female slave. If he says (22): The emancipation of a female slave involves the prohibition of intercourse. We reply: This has no effect, for a sale (23) necessitates her prohibition to him, and testimony regarding it is not heard (24) except after a claim.
Section: Whoever possesses testimony (25) for an individual, is in one of two states: either he is aware of it, or he is not. If he is aware of it, it is not permissible for the witness to offer it until he is asked for it, according to the statement of the Prophet - may Allah bless him and grant him peace -: "The best of people are my generation, then those who follow them, then those who follow them, then will come a people who make vows but do not fulfill them, who testify without being asked to testify, and who betray and are not trusted." Narrated by al-Bukhari (26). And because offering it is a right belonging to the one in whose favor the testimony is given, so it is not fulfilled except with his consent, like all his other rights. If the one in whose favor the testimony is given is not aware of it, it is permissible for the witness to offer it before being asked; because the Prophet - may Allah bless him and grant him peace - said: "Shall I not inform you of the best of witnesses? The one who brings his testimony before he is asked for it." Narrated by Muslim, Abu Dawud, and Malik (27).
(19) Omitted from: the original. Added by reflection. (20) In A: "preceding". (21) In M: "the emancipated one". (22) In B and M: "It was said". (23) In M: "prohibition". (24) Omitted from: B. (25) In A: "claim". (26) Its attribution has been mentioned previously, in: 13/621. (27) Recorded by Muslim, in: Chapter on the explanation of the best of witnesses, from the Book of Judicial Rulings. Sahih Muslim 3/1344. And Abu Dawud, in: Chapter on testimonies, from the Book of Judicial Rulings. Sunan Abi Dawud 2/273. And Imam Malik, in: Chapter on what has been mentioned regarding testimonies, from the Book of Judicial Rulings. Al-Muwatta 2/720. It was also recorded by al-Tirmidhi, in: Chapter on what has been mentioned regarding which witnesses are best, from the Chapters of Testimonies. 'Aridat al-Ahwadhi 9/169, 170. And Ibn Majah, in: Chapter on a man who has testimony but the person [to whom it belongs] does not know of it, from the Book of Rulings. Sunan Ibn Majah 2/792.
