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Manumission

Manumission

Overview
Manumission is the act of freeing slaves
Slavery
Slavery is a form of forced labor in which people are considered to be the property of others. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to receive compensation...

, done at the will of the owner.

The motivations of slave owners in manumitting slaves were complex. Three strands may be detected, though they cannot always be disentangled from each other.

Firstly, manumission may present itself as a sentimental and benevolent gesture. One typical scenario was the freeing in the master's will
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his estate and provides for the transfer of his property at death. For the devolution of property not disposed of by will, see inheritance and intestacy...

 of a devoted servant after long years of service.
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Encyclopedia
Manumission is the act of freeing slaves
Slavery
Slavery is a form of forced labor in which people are considered to be the property of others. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to receive compensation...

, done at the will of the owner.

Motivations


The motivations of slave owners in manumitting slaves were complex. Three strands may be detected, though they cannot always be disentangled from each other.

Firstly, manumission may present itself as a sentimental and benevolent gesture. One typical scenario was the freeing in the master's will
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his estate and provides for the transfer of his property at death. For the devolution of property not disposed of by will, see inheritance and intestacy...

 of a devoted servant after long years of service. This kind of manumission generally was restricted to slaves who had some degree of intimacy with their masters, such as those serving as personal attendants, household servants, secretaries and the like. In some cases, master and slave had had a long-term sexual relationship, perhaps with tenderness felt on one or both sides. Some manumitted slaves were the offspring of such sexual encounters. While a trusted bailiff might be manumitted as a gesture of gratitude, for those working as agricultural labourers or in workshops there was little likelihood of being so noticed.

Such feelings of benevolence may have been of value to slave owners themselves as it allowed them to focus on a 'humane component' in the human traffic of slavery. A cynical view of testamentary manumission might also add that the slave was only freed once the master could no longer make use of them. In general it was also much more common for old slaves to be given freedom, that is to say once they had reached the age where they were beginning to be less useful. Legislation under the early Roman empire put limits on the number of slaves that could be freed in wills (Fufio-Caninian law 2 BC), suggesting a pronounced enthusiasm for the practice.

At the same time freeing slaves could also serve the pragmatic interests of the owner. The prospect of manumission worked as an incentive for slaves to be industrious and compliant, the light at the end of the tunnel. Roman slaves were paid a wage (peculium) with which they could save up to, in effect, buy themselves. Or to put it from the master's point of view, they are providing the money to buy a fresh and probably younger version of themselves. (In this light, the peculium becomes an early example of a "sinking fund
Sinking fund
A Sinking Fund is a fund established by a government agency or business for the purpose of reducing debt.-Historical Context:The sinking fund was first used in Great Britain in the 18th century to reduce national debt...

".) Manumission contracts found in some abundance at Delphi
Delphi
Delphi is both an archaeological site and a modern town in Greece on the south-western spur of Mount Parnassus in the valley of Phocis...

 specify in detail the prerequisites for liberation.

In the USA, manumission had two main motivations. The first was linked to a self purchasing agreement between the slave and his/her owner. This agreement awarded the slaves his/her freedom while still allowing the owner to make a profit. The slave would agree to market farm produce or do additional employment somewhere else. Secondly, slaveholders would free slaves if they were changing their cash crop. When switching from tobacco to wheat, a slave holder would need fewer slave hands because the crop would not need year-round service.

Ancient Greece


Greek slaves generally became metics upon being manumitted. That is, they became resident aliens, non-citizens in the city where they lived. The freedom they attained, however, was not absolute. At Athens, freeborn metics were required to nominate a sponsor or patron (prostates): in the case of freed slaves this was automatically their former master. In their case, this relationship entailed some degree of continuing duty to the master. Failure to perform this could lead to prosecution at law and re-enslavement. Continuing duties specified for freed slaves in manumission agreements became more common into the Hellenistic era, but it might be that these were customary earlier. Sometimes extra payments were specified by which a freed slave could liberate themselves from these residual duties. One standard requirement was that the freed person continue to live nearby their old master (paramone). Since ex-slaves failing in these duties might be subject to beatings, it has been asked whether they should be called free at all. But certainly ex-slaves were able to own property outright, and their children were free of all constraint, whereas those of slaves were simply the further property of the master. Furthermore, even free individuals could be subject to paramone.

Ancient Rome


In Rome former slaves became freedman (liberti), usually taking the family name of their former master as their own, and though they were no longer seen as an object in the eyes of the law, they still did not gain all the rights of a Roman citizen (though their children did, if born free). Freedman could not follow the Roman political career or cursus honorum
Cursus honorum
The cursus honorum was the sequential order of public offices held by aspiring politicians in both the Roman Republic and the early Empire. It was designed for men of senatorial rank. The cursus honorum comprised a mixture of military and political administration posts. Each office had a minimum...

; however, they could become a wealthy tradesman or a member of the priesthood of the emperor - a highly respected position. A highly successful freedman could become an advisor to the emperor himself, a tradition started by Augustus
Augustus
Gaius Julius Caesar Augustus was the first emperor of the Roman Empire, which he ruled alone from 27 BC until his death in AD 14.These are the contemporary dates; Augustus lived under two calendars, the Roman Republican until 45 BC, and the Julian after 45 BC...

 and fostered by his successors.

In both Greek and Roman societies ex-slaves required the permission of their former master to marry.

Islamic world


The Qur'an
Qur'an
The Qur’an is the central religious text of Islam...

 and Hadith
Hadith
Hadith are oral traditions relating to the words and deeds of the Islamic prophet Muhammad. Hadith are regarded by traditional schools of jurisprudence as important tools for determining the Muslim way of life, the sunnah. Hadith were originally oral traditions of Muhammad's actions and customs...

, the primary Islam
Islam
Islam Islam Islam ( al-’islām, There are ten pronunciations of Islam in English, differing in whether the first or second syllable has the stress, whether the s is or , and whether the a is pronounced as in father, as in cat, or (when the stress is on the i) as in the a of sofa...

ic texts, make it a praiseworthy act for masters to set their slaves free. There are numerous ways in which a slave may become free. One way is through expiation for certain sins committed by the master, such as involuntary manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder.The law generally differentiates between levels of criminal culpability based on the mens rea, or state of mind...

 or perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the matter lied about would affect the outcome of the case...

. Other ways include emancipation through becoming an umm walad, who is freed upon her master's death along with her children, or an independent act of piety by the master, as recommended by the Qur'an. It is also commendable to manumit a slave who demands his freedom and is considered worthy of it. Another method is the mukataba
Mukataba
In Islamic law, a mukataba is a contract of manumission between a master and a slave according to which the slave is required to pay a certain sum of money during a specific time period in exchange for freedom. In the legal literature, slaves who enter this contract are known as mukatab...

contract: Levy states that "the slave may redeem himself if his master agrees and contracts to let him go on payment of a stipulated sum of money, which may be paid in two or more instalments, or on the giving of stipulated services or other consideration. If the consideration is a sum of money, the master must grant the slave the right to earn and to own property."

The Islamic prophet Muhammad encouraged manumission of slaves, even if one had to purchase them first. On many occasions, Muhammad's companions, at his direction, freed slaves in abundance. Muhammad personally freed 63 slaves, and his wife Aisha freed 67. In total his household and friends freed 39,237 slaves. The most notable of Muhammad's slaves were: Safiyya bint Huyayy
Safiyya bint Huyayy
Safiyya bint Huyayy was a Jewish woman captured from the Banu Nadir tribe at age 17, who became Muhammad's 11th wife...

, whom he freed and married; Maria al-Qibtiyya
Maria al-Qibtiyya
Maria al-Qibtiyya , or Maria the Copt, was an Egyptian Coptic Christian slave who was sent as a gift from Muqawqis, a Byzantine official, to the Islamic prophet Muhammad in 628...

, given to Muhammad by a Byzantine official, whom he freed and who may have become his wife; Sirin
Sirin (Islamic history)
Sirin was an Egyptian Coptic Christian who became one of Muhammad's slaves. She and her sister Maria al-Qibtiyya were sent to Muhammad as gifts from the Byzantine official Muqawqis in 628. Muhammad married Maria and Sirin was married to his follower, the poet Hassan ibn Thabit. Hassan and Sirin had...

, Maria's sister, whom he freed and married to the poet Hassan ibn Thabit
Hassan ibn Thabit
Hassan ibn Thabit was an Arabian poet and one of the Sahaba, or companions of Muhammad. He was born in Yathrib , and was member of the Banu Khazraj tribe....

 and Zayd ibn Harithah
Zayd ibn Harithah
Zayd ibn Harithah or Zayd mawla Muhammad was a prominent figure in the early Islamic community and the only one of sahaba whose name is spelled directly in the Qur'an. As an adopted son of the Islamic prophet, Muhammad, he was an early convert to Islam and later, a military leader. He died c...

, whom Muhammad freed and adopted as a son.

Within Islamic jurisprudence
Fiqh
Fiqh is Islamic jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the Quran and Sunnah—that complements Shariah with evolving rulings/interpretations of Islamic jurists....

, slaves were excluded from religious office and from any office involving jurisdiction over others. Freed slaves are able to occupy any office within the Islamic government
Caliphate
The term caliphate refers to the first form of government inspired by Islam. It was initially led by Muhammad's disciples as a continuation of the political authority the prophet established, known as the 'rashidun caliphates'. It represented the political unity of the Muslim Ummah, and was the...

, and instances of this in history include the Mamluk
Mamluk
A mamluk was a soldier who converted to Islam and served the Muslim Arab caliphs from the 9th to the 16th centuries. They were of mixed ancestry but mainly Kipchak Turks...

 who ruled Egypt for almost 260 years and the eunuch
Eunuch
A eunuch is a political rank often found in ancient courts. Over the millennia since, they have performed a wide variety of functions in many different cultures such as: courtiers or equivalent domestics, treble singers, religious specialists, government officials, military commanders, and...

s who have held military and administrative positions of note.

United States


Manumission by American slaveholders was restricted by laws in many states.