Ruling on selling two emancipated slave girls to repay a debt


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Q: The questioner is an architectural contractor who sustained a devastating loss. The National Bank supplied him under mortgage, but when the debts surpassed the mortgage the Bank stopped supplying him. The owners of buildings, workers, foremen, and other creditors are constantly demanding their dues. He had two bondmaids (Part No. 16; Page No. 581) and the creditors demanded that he sell them to repay his debts. Therefore, he claimed that he had emancipated them, but the creditors compelled him to sell them and he sold them to a person, who set them free immediately upon buying them. He now asks if his sale of the two girls was valid or his emancipation was valid and thus the sale is invalid, and thus he must repay the price to the one who bought them. It should be noted that the value of the mortgage with the bank increased and it now can cover all the debts and extra money remains.


A: Your emancipation of the two slaves is valid and your sale, after emancipation, took place when they were free. Therefore, the sale is invalid and you have to pay the price back to the buyer and inform him, lest he may have emancipated them for expiation or the like and he may correct this situation. You should ask him for pardon and should repent and ask Allah for forgiveness. May Allah grant us success. May Allah's Peace and Blessings be upon Prophet Muhammad, his family, and Companions!




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