Chapter on Emancipation and Its Rulings

Hadith.3436 - Hammad narrated from al-Halabi, from Abu Abdullah (as), regarding a bondwoman who was jointly owned by two people, and one of them freed his share. Imam (as) said: "If he is financially capable, he is required to pay and compensate for the remaining share. But if he is financially incapable, she continues to serve based on their respective shares."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3437 - Muhammad ibn Qays narrated from Abu Ja'far Imam Muhammad ibn Ali Al-Baqir (as), who said: Commander of the Faithful, peace be upon him, ruled regarding a slave who was jointly owned by two men. One of them freed his half while the slave was still a child, and the other retained ownership of his half. Imam (as) said: "The slave shall be valued based on his worth on the day the first owner freed his share, and the freed slave shall be required to work to pay off the value of the half that was not freed until he fulfills the amount."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3438 - Muhammad ibn al-Fudayl narrated from Abu al-Sabbah al-Kinani, who said: I asked Abu Abdullah (as), about two men who jointly own a female slave. One of them frees his half, and the slave says to the one who did not free his half, "I do not want to be valued; leave me as I am, and I will continue serving you." Meanwhile, the owner intends to marry the other half of her. Imam (as) said: "He should not do that, for a woman cannot have two private parts. Nor should he use her for service. Instead, he must value her and let her work to pay off the remaining portion."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3439 - Hammad narrated from al-Halabi, from Abu Abdullah (as), that he was asked about two men who jointly owned a slave, and one of them freed his share. Imam (as) said: "If he did so with the intent of causing harm, he will be required to free the slave completely. Otherwise, the slave must work to pay off the value of the remaining half."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3440 - Hariz narrated from Muhammad ibn Muslim, who said: I said to Abu Abdullah (as), "A man inherited a slave, and there were partners with him in the ownership of the slave. He freed his share for the sake of Allah (swt)." Imam (as) said: "If he freed his share with the intent of causing harm while being financially capable, he must compensate the heirs. But if he freed his share sincerely for the sake of Allah (swt), the portion belonging to the one who freed him is emancipated. The remaining partners may utilize the slave according to their shares. For instance, if half of the slave is still owned by the partners, the slave will work one day for them and one day for himself. However, if the partner freed his share with the intent of causing harm, the emancipation is invalid because he intended to create disruption for the others. In such a case, the remaining partners retain their shares."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3442 - Al-Ala' narrated from Muhammad ibn Muslim, from one of the Imams, peace be upon them, who said: I asked him about a man who owned a bondwoman and said: "Whenever I approach her, she will be free." Then he sold her to another man and later bought her back. Imam (as) said: "There is no harm in approaching her, as she had exited his ownership."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3443 - It is narrated from Sama'ah, who said: I asked him about a man who said to three of his slaves, "You are free," while he actually had four slaves. Then someone said to him: "You have freed all your slaves." He replied: "Yes." I asked: "Is the emancipation binding for all four because he generalized them, or is it limited to the three whom he specifically mentioned?" Imam (as) said: "Emancipation is binding only for those he specifically freed."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3444 - Hammad narrated from al-Halabi, from Abu Abdullah (as), regarding a man who married his bondwoman to another man and stipulated that any child she bore would be free. Then her husband either divorced her or died, and she was married to another man. I asked: "What is the status of her child in this case?" Imam (as) said: "The child is regarded like her. That condition applied only to the first husband. As for the second husband, he has the option-if he wishes, he may free the child, and if he wishes, he may keep the child as a slave."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3446 - Abd al-Rahman ibn Abi Abdullah asked him about a man who said to his slave, "I will free you on the condition that I marry you to this bondwoman of mine. However, if you marry another woman or take another concubine, you will be liable for one hundred dinars." Then he freed him based on this condition, and the slave either married another woman or took another concubine. Abd al-Rahman asked: "Is he liable for the one hundred dinars, and is his condition valid?" Imam (as) said: "His condition is valid, and he is liable for it."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3448 - Ya'qub ibn Shu'ayb asked him about a man who freed his bondwoman on the condition that she serves him for five years. However, she ran away, and then the man died. Ya'qub asked: "If his heirs find her, do they have the right to make her serve them?" Imam (as) said: "No."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3449 - Jamil narrated from Zurarah, from Abu Ja'far Imam Muhammad ibn Ali Al-Baqir (as) and Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq (as), regarding a man who freed a slave that had wealth. The Imams (as) said: "If he knew that the slave had wealth, then the wealth belongs to the freed slave. But if he did not know, then the wealth belongs to the one who emancipated him." And regarding a man who sold a slave that had wealth, the Imams (as) said: "If the seller knew that the slave had wealth, then the wealth belongs to the buyer. But if the seller did not know, then the wealth belongs to the seller."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3451 - Abd al-Rahman ibn Abi Abdullah asked him about a man who freed his slave, and the slave had wealth. Then the man who freed the slave passed away. Abd al-Rahman asked: "To whom does the wealth of the slave belong? Does it go to the one who freed the slave, or does it belong to the slave?" Imam (as) said: "If he freed him knowing that the slave had wealth, then the wealth belongs to the slave. But if he did not know, then the wealth belongs to the children of his master."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3452 - Jamil narrated from Zurarah, from Abu Abdullah (as), regarding a man who freed his slave at the time of his death while he was in debt. Imam (as) said: "If the value of the slave equals the amount of his debt or more, the emancipation is valid. Otherwise, it is not valid."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3453 - Hammad narrated from al-Halabi, from Abu Abdullah (as), that he was asked about a man who said: "If I die, my slave is free," while the man was in debt. Imam (as) said: "If he dies and his debt equals the value of the slave, the slave shall be sold to pay off the debt. But if the debt does not equal the value of the slave, the slave must work to pay off his master's debt, and he becomes free once the debt is fully repaid."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3455 - Hariz narrated from Muhammad ibn Muslim, from one of the Imams (as), peace be upon them, who said: I asked Imam (as) about a man who left a slave jointly owned by several people, and one of them testified that the deceased had freed the slave. Imam (as) said: "If the witness is trustworthy, he does not have to compensate the others, and his testimony is valid for his share. As for the remaining shares belonging to the heirs, the slave must work to pay off their value."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.