The law applies to it absolutely, and it is not emancipated except upon payment, like the Mukatab (a slave in a contract of manumission). For al-Shafi'i, there is a third view, which is that the emancipation is held in suspense; if he pays the value, we determine that he was emancipated from the moment he emancipated his share, and if he does not pay the value, we determine that he was not emancipated; for there is precaution in this for both of them. As for us, the hadith of Ibn Umar has been narrated in various phrasings that concur in pointing to freedom by the verbal utterance. Among them is a phrasing narrated by Ayyub, from Nafi', from Ibn Umar, that the Prophet (peace be upon him) said: "Whoever emancipates his share in a slave, and possesses what reaches his price at a fair value, he is emancipated." It was narrated by al-Bukhari, Abu Dawud, and al-Nasa'i. In a phrasing narrated by Ibn Abi Mulayka, from Nafi', from Ibn Umar: "If he possesses wealth, then he has all been emancipated." In a narration of Ibn Abi Dhi'b, from Nafi', from Ibn Umar: "And he who emancipates [possesses] what reaches his price, then he is all emancipated." Abu Dawud narrated with his isnad from Abu Hurayra, who said: The Messenger of Allah (peace be upon him) said: "Whoever emancipates a portion of a slave, he is free from his property." These are definitive texts regarding the point of contention, for he made him free and emancipated by his act of emancipation, conditional upon his being wealthy. And because it is emancipation by extension (al-sirayah), it occurs immediately after his utterance, just as if he had emancipated a part of his slave. The value is considered at the time of emancipation, and the disposal of the partner regarding him by means other than emancipation is not valid. According to al-Shafi'i, it is not valid even by emancipation; this indicates that the emancipation occurred within him by the first emancipation. As for their hadith, there is no argument for them in it, for the "wa" (conjunction) does not necessitate order. As for the conjunction with "thumma" (then) in the other phrasing, he did not intend by it sequential order, for it may come for purposes other than sequence, like His saying, the Almighty: {Then Allah is witness over what they do} [Qur'an 10:46]. As for the compensation, it became obligatory...