obligatory upon the one who causes damage by emancipation, by the evidence of it being considered at its value at the time of emancipation, the non-consideration of mutual consent therein, and the obligation of the value without deficiency or excess, unlike the contract of manumission (kitabah). Once this is established, if the two partners emancipate him after the first emancipation and before taking the value, no emancipation is established for them in him, nor do they have patronage (wala') over him; rather, all his patronage belongs to the first emancipator, and the value is upon him, because he became free by his emancipation. According to Malik, his patronage is divided among them in thirds, and there is nothing upon the first emancipator regarding the value. If the first emancipator did not pay the value until he became bankrupt, the slave is emancipated, and the value remains a debt in his liability, which the two partners pursue alongside other creditors according to us. According to Malik, nothing is emancipated of him except what was (initially) emancipated. If the emancipated person was a pregnant slave girl, and the value was not paid until she gave birth to her offspring, there is nothing upon the emancipator except her value at the time he emancipated her, because it was then that he set her free. According to Malik, her child is also appraised. If the slave perished before the payment of the value, he died free, and the value is upon the emancipator, because he caused the loss of his servitude. According to Malik, there is nothing upon the emancipator, and as long as he is not appraised and his value is not adjudicated, he remains a slave in all his legal rulings.

Section: The value is considered at the time of the utterance of emancipation, because it is the time of destruction, and this is one of the positions of al-Shafi'i. The partner has the right to demand the value from the emancipator according to all positions. If they disagree on its amount, it is referred to the opinion of appraisers. If the slave has died, or is absent, or his appraisal has been delayed for a time during which values fluctuate, and there is no evidence, then the word is that of the emancipator, because he denies the increase, and the original principle is the acquittal of his liability from it. This is one of the two positions of al-Shafi'i. If they disagree on a craft in the slave that necessitates an increase in value, the word is that of the emancipator for that reason, unless the slave is currently proficient in...