Explanation of the author's statement: "...and a mother of a child, and one who is partially freed..."
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The Shaykh :"and one who is partially freed" Partially freed, is that right? "and a mother of a child" Good. "The mother of a child" The mother of a child is the slave woman who bore a child from her master; she is called a mother of a child. Is she free or a slave? She is a slave until her master dies. When her master dies, she is freed by his death. So, if a master fathers a child by his slave woman, she is a slave. What is her ruling in terms of custom? The ruling of whom? The ruling of a slave, the ruling of a slave woman, meaning her private parts are from the navel to the knee.
"and one who is partially freed" means half of her is free and half of her is a slave. Can you imagine this?
The questioner : ... .
The Shaykh : Good, no, no, the mukatab is not one who is partially freed.
The questioner : ... .
The Shaykh : And... a mukatabah. The mukatab is a slave until not a single dirham remains on him. Good, let us look at partnership. A slave owned by two men, is he free or a slave?
The questioner : A slave.
The Shaykh : A slave. Where is the one who is partially freed?
The questioner : ... .
The Shaykh : One of them freed his share. If one of them frees his share, the rest is freed, and the value is taken from the freeing master for the owner, for the owner of the half.
So he did not become one who is partially freed; he was not partially freed. But we say it is possible: if the one who freed his share is poor, the well-known view in the school of jurisprudence is that the rest does not become free. They reasoned that if the freedom extended to part of him, the partner would be harmed. How is the partner harmed?
The questioner : ... .
The Shaykh : Even though he exited his ownership without compensation. Also, this insolvent person cannot be obligated to free him while he is insolvent, because he is insolvent. If it were an expiation, we would not have obligated it on him, so how can it be so when it is a spreading of freedom? So this poor person cannot have the freedom spread to him because he is poor, and Allah does not burden a soul beyond what it can bear.
And if we said, meaning if someone asked why the freedom does not spread and remains a debt in his liability, we would say there is harm to the owner of the half and to the poor person as well, for his liability to be occupied. But there is another opinion in the issue that says the slave is to be made to work. What does "made to work" mean? It is said to him, "Work to free yourself." If the slave is unable to work, then it is imagined that he is partially freed. What? Partially freed. It is imagined that he is partially freed.
The important thing is that there are other forms, but the important thing is that if a slave is found to be partially free, in this case he is not given the ruling of a free person, but rather the ruling of a slave. If someone asks, "Why do you not give him the ruling of a free person, giving precedence to the side of freedom and being cautious regarding the obligatory?" What is the answer? The answer is that the condition was not fulfilled. The issue here is not the presence of a barrier, but the loss of a condition. The condition is complete freedom, and here there is no complete freedom. So the condition was not completed. It is not the presence of a barrier, but the loss of the condition, and the conditions must be fully met. For this reason, the Messenger (peace and blessings be upon him) said:Sahih al-Bukhari 7288 So we say, the ruling of the one who is partially freed is what? The ruling of a slave, whether he is male or female. And on this basis, the woman who is partially freed is like what? Like a pure slave woman.
"and one who is partially freed" means half of her is free and half of her is a slave. Can you imagine this?
The questioner : ... .
The Shaykh : Good, no, no, the mukatab is not one who is partially freed.
The questioner : ... .
The Shaykh : And... a mukatabah. The mukatab is a slave until not a single dirham remains on him. Good, let us look at partnership. A slave owned by two men, is he free or a slave?
The questioner : A slave.
The Shaykh : A slave. Where is the one who is partially freed?
The questioner : ... .
The Shaykh : One of them freed his share. If one of them frees his share, the rest is freed, and the value is taken from the freeing master for the owner, for the owner of the half.
So he did not become one who is partially freed; he was not partially freed. But we say it is possible: if the one who freed his share is poor, the well-known view in the school of jurisprudence is that the rest does not become free. They reasoned that if the freedom extended to part of him, the partner would be harmed. How is the partner harmed?
The questioner : ... .
The Shaykh : Even though he exited his ownership without compensation. Also, this insolvent person cannot be obligated to free him while he is insolvent, because he is insolvent. If it were an expiation, we would not have obligated it on him, so how can it be so when it is a spreading of freedom? So this poor person cannot have the freedom spread to him because he is poor, and Allah does not burden a soul beyond what it can bear.
And if we said, meaning if someone asked why the freedom does not spread and remains a debt in his liability, we would say there is harm to the owner of the half and to the poor person as well, for his liability to be occupied. But there is another opinion in the issue that says the slave is to be made to work. What does "made to work" mean? It is said to him, "Work to free yourself." If the slave is unable to work, then it is imagined that he is partially freed. What? Partially freed. It is imagined that he is partially freed.
The important thing is that there are other forms, but the important thing is that if a slave is found to be partially free, in this case he is not given the ruling of a free person, but rather the ruling of a slave. If someone asks, "Why do you not give him the ruling of a free person, giving precedence to the side of freedom and being cautious regarding the obligatory?" What is the answer? The answer is that the condition was not fulfilled. The issue here is not the presence of a barrier, but the loss of a condition. The condition is complete freedom, and here there is no complete freedom. So the condition was not completed. It is not the presence of a barrier, but the loss of the condition, and the conditions must be fully met. For this reason, the Messenger (peace and blessings be upon him) said:
