Musannaf Ibn Abi Shaybah 21488
✧ On a Slave Owned by Two Men, One of Whom Contracts Him for Manumission
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حَدَّثَنَا هُشَيْمٌ، عَنْ يُونُسَ عَنِ الْحَسَنِ:
فِي عَبْدٍ بَيْنَ رَجُلَيْنِ، قَالَ: كَانَ يُكْرَهُ أَنْ يُكَاتِبَهُ أَحَدُهُمَا إِلَّا بِإِذْنِ شَرِيكِهِ، فَإِنْ فَعَلَ قَاسَمَهُ الَّذِي لَمْ يُكَاتِبْ عَلَى كُلِّ شَيْءٍ أَخَذَ مِنْهُ. فَإِذَا اسْتَكْمَلَ الَّذِي كَاتَبَهُ مَا كَاتَبَهُ عَلَيْهِ عَتَقَ وَسَعَى فِي نِصْفِ قِيمَتِهِ للَّذِي [١]لَمْ يُكَاتِبْهُ، وَالْوَلَاءُ بَيْنَهُمَا
Translation
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Concerning a slave owned by two men. He said: It was disliked that one of them make a kitabah with him without his partner's permission. If he did, the one who did not make a kitabah shares with him in whatever he took from him. When the one who made the kitabah completes what he agreed to pay, he is freed and works to pay half his value to the one who did not make a kitabah with him, and the walā' is between them.
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