was unaware of any disagreement regarding divorce and manumission. Yet, Allah Most High willing, we shall mention the disagreement reported from the Companions, the Successors, and those who came after them.
Imam Ahmad offered two reasons for setting aside what we have related from the Companions concerning expiation for oaths involving manumission. First, Sulaymān al-Taymī alone reported it. Second, it conflicted with what he narrated from Ibn ʿUmar and Ibn ʿAbbās: that manumission takes effect without expiation.
I have not found any renowned scholar who received as many reports from the Companions on this issue as Ahmad did. Al-Marwadhī said:
“Abū ʿAbd Allāh said: ‘If someone says, “Every slave I own is free,” his slaves become free when he breaks his oath, because there is no expiation for divorce or manumission.’
“He also said: ‘In the hadith of Laylā bint al-ʿAjmāʾ, related by Abū Rāfiʿ—that she consulted Ibn ʿUmar, Hafsah, and Zaynab, mentioned manumission, and was instructed by them to offer expiation—only al-Taymī includes the wording, “Every slave she owns is free.” The others did not mention manumission.’”
He said:
“I asked Abū ʿAbd Allāh about the hadith of Abū Rāfiʿ, the account concerning his wife, and how she consulted Ibn ʿUmar and Hafsah, who instructed her to offer expiation for an oath. I asked, ‘Does it involve walking on foot?’
“He replied, ‘Yes. My view is that expiation for an oath is due in this case.’
“Abū ʿAbd Allāh also said, ‘Only al-Taymī includes the wording, “Every slave.”’
“I asked, ‘Then if someone swears an oath involving the manumission of his slave and breaks it?’
“He replied, ‘The slave becomes free. This is what is reported from Ibn ʿUmar and Ibn ʿAbbās: they said that the slave woman becomes free.’
“Then he said, ‘We have heard this only from ʿAbd al-Razzāq, from Maʿmar.’
“I asked, ‘What is its chain of transmission?’
“He replied, ‘Maʿmar, from Ismāʿīl, from ʿUthmān ibn Abī Hāzim, from Ibn ʿUmar and Ibn ʿAbbās.’
“He also said, ‘Ismāʿīl ibn Umayyah and Ayyūb ibn Mūsā are both Meccans.’”