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Emancipation during health may take several forms: it may be immediate or deferred, with or without an oath. Immediate emancipation without an oath occurs when a man says, “My slave is free,” without adding anything, or says, “He is free for Allah,” or, “He is free for Allah’s sake”; or when he says, “He is for Allah,” or, “He is for Allah’s sake,” without saying “free.” Likewise, if he makes such a declaration concerning one of the slave’s limbs, he is bound thereby to emancipate the entire slave, exactly as in divorce. If he says, “His speech is free,” or, “His hair is free,” or something similar concerning what becomes separate and detached from him, the same disagreement applies as in divorce: according to Asbagh, emancipation is binding upon him, whereas according to Sahnūn it is not.
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If he says, “You are a sā’iba (a slave freed without a patron),” Ibn al-Qāsim’s position is that the slave becomes free if he intended emancipation, and the rights of patronage over him belong to the Muslims collectively. Ibn al-Qāsim considers this disliked because the Messenger of Allah, peace and blessings be upon him, prohibited selling or giving away patronage rights. Asbagh said: “This is permissible and is not disliked, just as a person may emancipate his slave on another’s behalf, so that the rights of patronage belong to the person on whose behalf he emancipated him, without this being disliked. The slave becomes free whether or not emancipation was intended.” Ibn al-Mājishūn said: “Emancipation as a sā’iba is not permissible. If someone nevertheless does so, the rights of patronage belong to him if he is known; if he is unknown, they belong to the Muslims collectively.” Success comes from Allah.
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Deferred emancipation without an oath takes two forms:
The first is where the appointed time is unknown.
The other is where it is known.
The case where it is unknown falls into three categories:
The first is where it is uncertain whether the appointed event will occur: it may or may not occur, with neither possibility more likely than the other, or its non-occurrence may be more likely.
The second is where it is uncertain whether the appointed event will occur, but its occurrence is more likely.