ShamelaTranslate
Search
Sign in
ShamelaTranslate

© 2026 ShamelaTranslate. Scholarly Open-Access Project.

AboutContactDonateImprintPrivacyTermsRight of WithdrawalCancel a subscription
Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 14 · Page 3661952 - Issue: He said: (If the two partners are solvent, the slave becomes free upon the acknowledgment of each regarding his freedom, and he [the slave] becomes a claimant against his partner for half his value. If there is no evidence, the oath of each of them is for his partner).

Translation · EN

and he denied (13), and evidence was established regarding his emancipation, he is freed. There is no wala' over the slave in any of these situations because no one claims it, and no right is established for someone who denies it. If the one who establishes (14) his emancipation returns and confesses to it, the wala' is established for him because there is no one else entitled to it besides him; it was only not established for him due to his denial, so when he confesses, the denial is removed and it is established for him. As for the two wealthy partners, if the slave is emancipated in their possession and one of them confirms his partner's claim that he emancipated his share alone, or that he was the first to emancipate, the wala' belongs to him, and he bears the liability for his partner's share. If they agree that each of them emancipated his share at the same time, the wala' is between them. If each of them claims that he was the sole emancipator, or that he was the first to emancipate, they take oaths against one another, and the wala' is divided between them in halves.

1952 - Issue: He said: "And if the two partners are wealthy, the slave becomes free by each of them confessing his freedom, and he becomes a claimant against his partner for half of his value. If there is no evidence, then an oath (1) of each of them is required for his partner (2)."

The summary of this (3) is that when the two wealthy partners each claim that his partner emancipated his share, each of them is a confessor of the freedom of his own share and a witness against his partner regarding the freedom of the other half; because he says to his partner: "You emancipated your share, so the emancipation extended to my share, thus he was entirely freed in your possession, and the value of my share became binding upon you to me." Thus the slave becomes free due to their confession (4) of his freedom, and each of them remains (2) claiming the value of his share from his partner. If one of them has (5) evidence, judgment is passed for him by it. If there is no evidence, each of them takes an oath for his companion, and is acquitted (6). If one of them refuses to swear, judgment is passed against him; and if they both refuse, their claims fall away due to their equivalence. There is no difference in this state between...

Notes

(13) In the original: "fa-ankara-hu". (14) In A, B, and M: "thabata". (1) In B and M: "fa-yamin". (2) Omitted from the original. (3) In M: "wa jumlatu dhalika". (4) In the original: "bi-i'tirafi-hima". (5) In M: "kana". (6) In A, B, and M: "wa bari'a".

PreviousVolume 14 · Page 366Next
Previous14·366Next