English translation
1347. Sālim narrated from his father that the Prophet ﷺ said: "Whoever frees a portion of a slave he owns, then he can afford the remainder of the price, then he should free him with his wealth." (Sahīh) [Abū 'Eisā said:] This Hadīth is [Hasan Sahīh]. based on an oath along with one witness." He said: "And 'Alī judged between you based on it." (Ṣaḥīḥ) [Abū 'Eisā said:] This is more correct. This is how Sufyān Ath-Thawrī reported it from Ja'far bin Muḥammad, from his father, from the Prophet ﷺ, in Mursal form. 'Abdul-'Azīz bin Abī Salamah and Yahya bin Sulaim reported this Hadīth from Ja'far bin Muḥammad, from his father, from 'Alī, from the Prophet ﷺ. This is acted upon according to some of the people of knowledge among the Companions of the Prophet ﷺ and others. They held the view that an oath along with one witness was acceptable in cases of rights and wealth. This is the view of Mālik bin Anas, Ash-Shāfi'ī, Ahmad, and Ishāq. They said that a judgement is not passed based upon an oath and one witness except in cases of rights and property. Some of the people of knowledge among the people of Al-Kūfah and others did not hold the view that a judgement could be based upon an oath along with one witness.