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.)
Tafsir of Hadith on Partial Emancipation
This noble hadith from the Book "Emancipation" in Mishkat al-Masabih (Reference: Mishkat al-Masabih 3388) addresses the intricate matter of partially owned slaves and the conditions for their complete freedom. The Prophet Muhammad (peace be upon him) establishes a divine system of justice that balances the rights of all parties: the slave seeking emancipation, the Muslim owner initiating the process, and the other co-owners.
Legal Framework of Joint Ownership
When a Muslim owns a share in a slave alongside other partners, and wishes to emancipate the entire slave, the Shari'ah mandates two conditions: First, the initiating owner must possess sufficient wealth to purchase the remaining shares. Second, an impartial valuation must determine the slave's fair market price.
This prevents financial harm to co-owners while facilitating the slave's path to freedom. The requirement for "enough money" (ghina) refers to wealth beyond one's essential needs, ensuring the act doesn't cause hardship to the emancipator or his dependents.
Divine Wisdom in the Ruling
The hadith demonstrates Islam's progressive approach to slavery by creating multiple pathways to freedom while respecting property rights. The phrase "otherwise he is emancipated only to the extent of the first man's share" protects co-owners from involuntary loss of their lawful property.
Scholars explain that if the initiating owner cannot afford the remaining shares, the slave becomes a mukatab (contractual emancipator) for the remaining portion, working to purchase their freedom. This ruling combines compassion with practical economics, encouraging gradual emancipation without violating others' rights.
Broader Ethical Implications
This teaching extends beyond legal technicalities to profound social principles: the importance of fulfilling financial obligations, the preference for complete solutions over partial ones, and the elevation of human dignity through systematic emancipation.
The requirement for fair pricing prevents exploitation, while the emphasis on financial capacity teaches responsible charity. Thus, this hadith establishes a comprehensive system where spiritual aspirations for freeing slaves are balanced with worldly wisdom and justice.