"And the one who is partially freed is [punished] according to his status"
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The Shaykh :"And the one who is partially freed is [punished] according to his status" What is the meaning of the phrase "the one who is partially freed is [punished] according to his status"? That is, what does it mean? —What is the matter with you, is that so?!— It means that if a person is found to be partly free and partly a slave, he is flogged according to his status. From what? From the forty lashes. He is flogged according to his status out of the forty. So if he is half free, he is flogged, in the author's opinion, twenty lashes. Correct? He is flogged according to his status: forty on the basis that he is a slave, and twenty on the basis that part of him is a slave, meaning sixty. Correct? The one who is partially freed is [punished] according to his status. But how can it be imagined that a person is half free and half a slave? It is possible in the case where a slave is owned by partners, and one of them frees his share, while the other partners are poor, and the one who freed him is also poor. In this case, only the part that was freed becomes free.
Let us repeat this a second time. This is a slave who has four masters, all of whom own him, with each one owning a quarter. One of them stood up and freed his share of him. How much of him becomes free? The quarter. If the one who freed him is wealthy, the freedom extends to the rest of the slave, and he must pay the value to his partners. If the one who freed him is poor, it is not required of him because he has no money, so the rest of the slave remains a slave. Now, this is the well-known position in the school of jurisprudence.
Some scholars said that in this case, the slave becomes free, but he is appraised for the remaining partners and is ordered to work. It is said to him: "Work to free yourself," and the rest of him is like a mukatab (a slave under a contract of manumission). The same slave is the one who goes out, seeks, and earns until he pays. If he has no earnings, then three-quarters of him remains a slave. Is that clear?
The questioner : Yes.
The Shaykh : Good, let us repeat the example in a way that makes it clear. A slave is owned by four masters. One of the four freed his share, so that part became free. Does the freedom extend to the rest? There is a detailed ruling: if the one who freed him is wealthy, the freedom extends to the rest, and the one who freed him is obligated to pay the value of the partners' shares. Let us suppose the value of this slave is eight hundred. How much does he pay to his partners? Six hundred. The slave becomes entirely free, and the patronage (wala') belongs to the one who freed him. If the one who freed him is poor, the rest of him does not become free, but there is disagreement among scholars: is the slave ordered to work, meaning the slave is appraised? We said his value is eight hundred, so it is said to the slave: "Earn now and give your masters the value of their shares, six hundred." Or is it said that he is not ordered to work, and three-quarters of him remains a slave? If the slave is unable and cannot do so, then three-quarters of him remains a slave according to both opinions, because it is not possible to free him in a way that harms his three masters.
Now, if he is partially free, he is [punished] according to his status. So, in the example we mentioned, if he freed a quarter, how many lashes does he receive? He is flogged forty lashes in any case. Added to that, from what exceeds forty, is an amount equal to the portion that was freed. So if a quarter was freed, we add ten, because a quarter of forty is ten. In this example, he is flogged fifty lashes. Yes, this is the meaning of the phrase "And the one who is partially freed is [punished] according to his status".
Let us repeat this a second time. This is a slave who has four masters, all of whom own him, with each one owning a quarter. One of them stood up and freed his share of him. How much of him becomes free? The quarter. If the one who freed him is wealthy, the freedom extends to the rest of the slave, and he must pay the value to his partners. If the one who freed him is poor, it is not required of him because he has no money, so the rest of the slave remains a slave. Now, this is the well-known position in the school of jurisprudence.
Some scholars said that in this case, the slave becomes free, but he is appraised for the remaining partners and is ordered to work. It is said to him: "Work to free yourself," and the rest of him is like a mukatab (a slave under a contract of manumission). The same slave is the one who goes out, seeks, and earns until he pays. If he has no earnings, then three-quarters of him remains a slave. Is that clear?
The questioner : Yes.
The Shaykh : Good, let us repeat the example in a way that makes it clear. A slave is owned by four masters. One of the four freed his share, so that part became free. Does the freedom extend to the rest? There is a detailed ruling: if the one who freed him is wealthy, the freedom extends to the rest, and the one who freed him is obligated to pay the value of the partners' shares. Let us suppose the value of this slave is eight hundred. How much does he pay to his partners? Six hundred. The slave becomes entirely free, and the patronage (wala') belongs to the one who freed him. If the one who freed him is poor, the rest of him does not become free, but there is disagreement among scholars: is the slave ordered to work, meaning the slave is appraised? We said his value is eight hundred, so it is said to the slave: "Earn now and give your masters the value of their shares, six hundred." Or is it said that he is not ordered to work, and three-quarters of him remains a slave? If the slave is unable and cannot do so, then three-quarters of him remains a slave according to both opinions, because it is not possible to free him in a way that harms his three masters.
Now, if he is partially free, he is [punished] according to his status. So, in the example we mentioned, if he freed a quarter, how many lashes does he receive? He is flogged forty lashes in any case. Added to that, from what exceeds forty, is an amount equal to the portion that was freed. So if a quarter was freed, we add ten, because a quarter of forty is ten. In this example, he is flogged fifty lashes. Yes, this is the meaning of the phrase "And the one who is partially freed is [punished] according to his status".