Muwatta 2305

Malik said of a contract of manumission slave between two men, one of whom settles for half his right with his partner's permission, then the one who kept him in servitude collects less than what his partner settled for, and then the contract slave becomes unable: if the settler wishes to return half of the excess to his partner, the slave is between them in halves, and if he refuses, the one who kept him in servitude has his partner's share. Malik gives an example of a slave owned in common whom they contract, then one of them settles for half his right, which is a quarter of the slave. If he becomes unable and the settler does not return anything, the partner has three-quarters of the slave and the settler has a quarter. ¹

Belongs to the Muwatta, Book of the Contract of Manumission (mukatab). Source: the Muwatta. Mentions Malik ibn Anas. Built on in the chapters on contract of manumission (mukatab).