Book 14: Emancipation

Ibn ‘Umar reported God’s Messenger as saying, “If anyone emancipates his share in a slave and has enough money to pay the full price for him, a fair price for the slave should be fixed, his partners given their shares, and the slave be thus emancipated; otherwise he is emancipated only to the extent of the first man’s share.” (Bukhari and Muslim.)

Abu Huraira reported the Prophet (ﷺ) as saying, “If anyone emancipates a share in a slave, he is to be completely emancipated if he has money; but if he has none, the slave will be required to work to pay for his freedom, but must not be overburdened.” (Bukhari and Muslim.)

Imran b. Husain said that a man who had no other property emancipated six slaves of his at the time of his death. God’s Messenger called for them, and after dividing them into three sections, casting lots among them, setting two free and keeping four in slavery,* he spoke severely of him. Nasa’i transmitted it on ‘Imran’s authority, but in place of “he spoke severely of him,” he mentioned that the Prophet (ﷺ) said, “I was inclined not to pray over him.” In Abu Dawud’s version he said, “Had I been present before his burial, he would not have been buried in a Muslim cemetery.” Muslim transmitted it. *The principle is that at least two-thirds of a dead man's property must go to the heirs.

Abu Huraira reported God's Messenger as saying, “A son does not repay what he owes his father unless he buys him and emancipates him if he finds him in slavery.” Muslim transmitted it.

Jabir said that a man of the Ansar declared that a slave would be free after his death, but he had no other property, so when the Prophet (ﷺ) heard of that he said, “Who will buy him from me ?” and Nu'aim b. an-Nahham bought him for eight hundred dirhams. A version by Muslim says Nu'aim b. ‘Abdallah al-‘Adawi bought him for eight hundred dirhams which he brought to the Prophet (ﷺ) who, when he had handed them over to the man, said, “Spend first on yourself giving yourself sadaqa: if anything is left over give it to your family; if anything is left over when they have received something, give it to your relatives; and if anything is left over when they have received something, do thus and thus,” meaning that it should be distributed in front of him, on his right and on his left. (Bukhari and Muslim.)