for this is that He, Mighty and Majestic, left the matter of slaves to their masters, saying:

“If you know there is good in them.” [al-Nūr: 33]

He thus gave judges no jurisdiction in this matter. Whatever lies outside judges’ jurisdiction when people dispute it is not obligatory; once obligation is ruled out, the dispute falls away.

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Once obligation is ruled out, recommendation is established, because a manumission contract leads to emancipation, and emancipation brings reward and recompense. It would not be correct to say that the command conveys mere permission, since mere permission concerns only matters that bring neither reward nor recompense. Although Mālik, may Allah have mercy on him, cited His words, Mighty and Majestic:

“When you have left the state of consecration, then hunt.” [al-Mā’idah: 2]

“When the prayer has been concluded, disperse throughout the land.” [al-Jumu‘ah: 10]

he cited them only to rule out obligation. That was his intended point. Success comes from Allah alone.

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There is disagreement over what Allah meant by “good” in this verse. One group said wealth; another said the ability to make the payments; another said trustworthiness and religious commitment; and another said truthfulness and faithfulness. These last two views are close in meaning, since trustworthiness, truthfulness and faithfulness are all part of religious commitment. Thus, there are three views concerning the good Allah, Mighty and Majestic, intended in His words:

“Grant them a contract of emancipation if you know there is good in them.” [al-Nūr: 33]

The first is goodness in religion—righteousness and chastity—even if the slave has neither wealth nor the ability to earn a living through a trade, and can make the payments under his manumission contract only through begging and the charity given to him. This is the most evident of the views and the most likely to be correct.

The second is the ability to make the payments by working at a trade and earning a living, even if he has no wealth. But if