What is the ruling on a slave whom the government freed by force? Is he freed by the government's act of freeing him?
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Q4: What is your opinion, may Allah guide you and us, regarding a slave whom the government freed by force? Is he freed by the government's act of freeing him, or not?
A4: If it is established that his enslavement was through a lawful means, it is not permissible for the ruler to free him by force from his owner, and he is not freed by that in the Shari'ah, unless the lawful ruler sees that the public interest lies in his being freed, in which case he frees him and pays his value to the one who was his owner; based on the ruling of the Prophet (peace and blessings be upon him) regarding those taken as slaves from the captives of Hawazin. However, if his enslavement was through an unlawful means, as explained in the answers to questions 1, 2, 3, and 5, it is obligatory for the government to free him, and this is carried out even if the one who claims to be his master dislikes it, and no compensation is given for him. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
A4: If it is established that his enslavement was through a lawful means, it is not permissible for the ruler to free him by force from his owner, and he is not freed by that in the Shari'ah, unless the lawful ruler sees that the public interest lies in his being freed, in which case he frees him and pays his value to the one who was his owner; based on the ruling of the Prophet (peace and blessings be upon him) regarding those taken as slaves from the captives of Hawazin. However, if his enslavement was through an unlawful means, as explained in the answers to questions 1, 2, 3, and 5, it is obligatory for the government to free him, and this is carried out even if the one who claims to be his master dislikes it, and no compensation is given for him. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.
