Abu Huraira reported the Prophet 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.)
The Principle of Partial Emancipation
This noble hadith from the Prophet Muhammad (peace be upon him) establishes a fundamental principle in Islamic jurisprudence regarding the emancipation of slaves who are partially owned by multiple masters. When one co-owner emancipates their share, it creates an obligation to complete the emancipation process.
Financial Responsibility of the Emancipator
The primary responsibility falls upon the emancipating owner who must purchase the remaining shares from other owners if they possess the financial means. This reflects Islam's comprehensive approach to emancipation, encouraging complete freedom rather than partial liberty that leaves the individual in limbo.
The System of Mukataba
If the emancipator lacks sufficient funds, the hadith institutes the system of mukataba (contractual emancipation) where the slave works to earn their complete freedom. This practical solution balances the rights of all parties while maintaining the ultimate goal of full emancipation.
Prohibition of Overburdening
The prophetic prohibition against overburdening the working slave demonstrates Islam's concern for justice and mercy. The work required must be fair and proportionate, ensuring the path to freedom remains accessible and humane.
Legal and Social Implications
This ruling from Mishkat al-Masabih 3389 illustrates how Islamic law systematically worked toward eliminating slavery through multiple avenues—encouraging voluntary emancipation, establishing financial mechanisms for complete freedom, and protecting the dignity of those seeking liberation.