1991 - Issue: He said: "If he enters into a mukataba (contract of manumission) for half of a slave, and he pays what he was contracted for, and the like of it to his master, then half of him becomes free by way of the mukataba, if the one who contracted with him is indigent. If he is wealthy, the entire slave becomes free through him, and half of his value becomes a liability upon the one who contracted with him for his partner."

In summary, if a man owns half of a slave, he has the right to enter into a mukataba for him, and it is valid from him, whether the remainder of the slave is free or owned by another, and whether the partner gave permission for it or did not. This is the apparent view of al-Khiraqi, Abu Bakr, and the opinion of al-Hakam and Ibn Abi Layla. This is also narrated from al-Hasan al-Basri, al-Hasan ibn Salih, Malik, and al-'Anbari. Al-Thawri and Hammad disliked entering into a mukataba for him without the permission of his partner. Al-Thawri said: "If he does so, I would rescind it, unless he has already paid for it, in which case he must compensate his partner for half of what is in his possession." Abu Hanifa said: "It is valid with the permission of the partner, and is not valid without his permission." This is one of the two opinions of al-Shafi'i. However, Abu Hanifa said: "His permission for that implies permission to pay the mukataba wealth from all of his earnings, and the one who gave permission does not reclaim any of it." Abu Yusuf and Muhammad said: "The entirety of him becomes a mukatab (contracted slave)." Al-Shafi'i said in one of his two opinions: "If the remainder of him is free, his mukataba is valid, and if the remainder of him is property, his mukataba is not valid, whether the partner permitted it or not; because his mukataba entails his freedom in earnings and travel, and owning half of him prevents that, and prevents him from taking his share of zakat, so that it does not become earnings for him, and his master would deserve half of it; and also because if he pays, he becomes entirely free, which leads to him paying half of his mukataba, yet becoming entirely free." Our stance is that it is a commutative contract regarding his share, so it is valid, just like selling it. Also, it is property belonging to him that may be rightfully sold or gifted, so his mukataba is valid, just as if he owned the entirety of him. Furthermore, his manumission is legally effective, so his mukataba is valid, like a full slave, and just as if the remainder of him were free according to al-Shafi'i, or if the partner had given permission according to the others. Regarding their claim that it entails travel, earning, and receiving zakat, we say: As for travel, it is not an essential requirement, so the existence of a hindrance to it does not invalidate the foundation of the contract. As for earning and receiving zakat, it is not impossible for him to earn or receive zakat through his mukatab portion, and the partner does not deserve any of it, because he only deserved that through the mukatab portion, and the partner has no right to it, just as in what results from it, as if he inherited something through his free portion.