The Messenger of Allah ﷺ said, "Whoever frees a slave in which he has a partner, and he has the means to pay, the slave becomes fully free. He must compensate his partners for their shares at a fair valuation, since he wronged them in their partnership, and the slave bears no obligation."
- أن رسول الله ﷺ قال: من أعتق عبدا وله فيه شريك، وله وفاء فهو حر، ويضمن نصيب شركائه بقيمة عدل لما أساء مشاركتهم، وليس على العبد شيء.
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Nasai narrated it in Al-Kubra (4942), and Ibn Hibban in his Sahih (4317), both through the route of Walid bin Muslim, who said, Abu Muayd Hafs bin Ghaylan told us, from Sulayman bin Musa, from Nafi, from Ibn Umar, and from Ataa, from Jabir, who said, and he narrated the hadith. Its chain is hasan because of Sulayman bin Musa Ashdaq, for his narrations are hasan so long as there is no anomaly in them, and this one contains such an anomaly.On this subject there is also what was narrated from Saeed bin Musayab, who said, "We remember from thirty of the companions of the Messenger of Allah ﷺ that he said, 'Whoever frees his share in a slave he owns is liable for the rest of it.'" Ahmad narrated it (16418) from Yazid bin Harun, who said, Hajjaj bin Artah told us, from Amr bin Shuayb, from Saeed bin Musayab, and he narrated the hadith. In its chain is Hajjaj bin Artah, who practiced tadlis, and there is well known discussion about him.On this subject there is also what was narrated from Ismail bin Umaya, from his father, from his grandfather, who said, "They had a slave called Tahman, or Zakwan, and his grandfather freed half of him. The slave came to the Prophet ﷺ, and the Prophet ﷺ said, 'You are freed to the extent of your freedom, and you remain enslaved to the extent of your enslavement.'" Imam Ahmad narrated it (15402) from Abdul-Razzaq, and it is in his Musannaf (16705), and Abu Dawud narrated it from him in his Marasil (185), and Bayhaqi (10/274). Abdul-Razzaq said, Umar bin Hawshab told us, Ismail bin Umaya told me, from his father, from his grandfather, and he narrated the hadith.Umar bin Hawshab Sanani is "unknown," as stated in Taqrib. Ismail bin Umaya is the son of Amr bin Saeed bin As Umawi, and he is trustworthy and firmly reliable, having been deemed trustworthy by Ibn Main, Abu Zura, Nasai, and others. His father, Umaya bin Amr bin Saeed bin As Umawi, Ibn Ashdaq, is truthful. Ismail's grandfather, Amr bin Saeed Umawi, is a successor and did not have companionship with the Prophet, and therefore it is said that this hadith is mursal. Bayhaqi said, "Umar bin Hawshab alone narrated it, and Amr bin Saeed did not have companionship with the Prophet."The hadiths on this subject provide evidence that when a slave is partly freed, he becomes entirely free, and this does not depend on the other partner also freeing his share. Rather, the one who freed his share must compensate his partner for his portion, and the entire right of patronage belongs to him, because the basic default for a person is to be free. However, this hadith applies specifically to someone who is financially able, not to someone who is poor, for if the one who freed the slave is poor, then the compensation becomes a debt upon him. This is the view held by Shafii, Ahmad, and some of the Malikis, while the position of Malik is that the slave is not freed except by payment of the value.