The third is that it is permissible unless giving testimony becomes his individual duty.

The fourth is that it is permissible. If he receives payment for the work, he may not also receive payment for delivering the testimony. These questions are discussed at length elsewhere.

The point here is that, since the Sunnah has established in certain cases that an owner must sell his property at a specified price—either the fair market price or the price at which he purchased it—setting prices cannot be categorically forbidden. Furthermore, the price set by the Prophet, may Allah bless him and grant him peace, for purchasing the co-owner’s share when the other owner emancipates his share of a slave serves to complete the slave’s emancipation. This is a right due to Allah. Likewise, where people have a general need, the right involved belongs to Allah. Hence scholars classify these matters as rights and prescribed penalties belonging to Allah Most High, as distinct from those belonging to individuals. Examples include the rights of mosques, fay’ revenues (property acquired without fighting), charitable funds, endowments for the needy and for public benefit, and similar matters, as well as the prescribed penalties for armed robbery, theft, unlawful sexual intercourse and drinking wine.

Someone who kills a person to take his wealth must be executed, according to scholarly consensus, and the victim’s heirs have no right to pardon him. This differs from someone who kills another for a personal reason, such as a dispute between them. In that case, the right belongs to the victim’s next of kin: they may have him executed or pardon him, as they wish, by the consensus of the Muslims.

The Muslims’ need for food, clothing and other matters of public welfare involves no right belonging exclusively to any particular individual. Requiring someone who is obliged to sell to charge the fair market price is therefore even more warranted than setting a price to complete a slave’s emancipation. However, completing that emancipation is obligatory upon the co-owner who emancipated his share; if no price were set, he would suffer harm from the demands of