The emancipation of a man is more excellent than the emancipation of a woman, due to what was narrated by Ka'b ibn Murrah al-Bahzi, who said: I heard the Messenger of Allah, peace and blessings be upon him, say: "Any man who emancipates a Muslim man, it shall be his ransom from the Fire, he will be recompensed for every bone of his [the slave's] bones with a bone of his own; and any Muslim man who emancipates two Muslim women, they shall be his ransom from the Fire, he will be recompensed for every bone of their bones with a bone of his own; and any Muslim woman who emancipates a Muslim woman, she shall be her ransom from the Fire, she will be recompensed for every bone of her bones with a bone of her own." (7) It is recommended to emancipate one who has religion and the ability to earn, for he will benefit from the emancipation. As for one who would be harmed by emancipation, such as one who has no ability to earn, and whose maintenance by his master would cease upon his emancipation, (8) causing him to be lost or become a burden on people, necessitating begging, then his emancipation is not recommended. If he is of those for whom there is fear that he might flee to the land of war (Dar al-Harb), turn back from the religion (9) of Islam, or if there is fear of corruption, such as a slave who is feared to steal, commit immorality, or highway robbery upon being emancipated and falling into need, or a slave-girl from whom there is fear of adultery and corruption, it is disliked to emancipate him. If it is strongly presumed that this will lead to such consequences, it is prohibited, because the means leading to the prohibited is prohibited. If he does emancipate him, it is valid, because it is an act of emancipation issued by one competent in a valid context, thus it is valid, like the emancipation of another.
Section: Emancipation is achieved through speech, ownership, and through the birth of a child from a slave-girl (istilad). (10) We will mention that in its proper places, God willing. It is not achieved by mere intention; [because it is the removal of ownership, so it is not achieved by mere intention] (11) like other forms of removal. Its expressions are divided into explicit (sarih) and implicit (kinayah). The explicit is the expression of freedom, emancipation, and what is derived from them, such as: "You are free," or "liberated," or "'atiq," or "mu'taq," or "I have emancipated you." This is because these two expressions appeared in the Book and the Sunnah, and they are used in emancipation by custom, so they are explicit in it. Whenever he uses one of these expressions, emancipation is achieved, and even if he does not intend anything, he is still emancipated. Ahmad said, regarding a man who met a woman on the road and said: "Move aside, O free woman (hurrah)." If she was
(7) Related by Abu Dawud, in: Chapter on which slaves are most excellent, from the Book of Emancipation. Sunan Abi Dawud 2/354, 355. And Ibn Majah, in: Chapter on emancipation, from the Book of Emancipation. Sunan Ibn Majah 2/843. And Imam Ahmad, in: Al-Musnad 4/235, 321. (8) Omitted from: M. (9) In A: "Dar". (10) In the Original: "and Islam". (11) Omitted from: A. A point of contemplation.