Is the guarantee provided by a Mukatab (a slave contracted for manumission) valid without his master's permission?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
The guarantee of a Mukatab is invalid without the master's permission, similar to a chattel slave, as it constitutes a gratuitous assumption of financial liability, resembling a vow of charity without corresponding assets.
Supporting text
A second view suggests the guarantee is valid and enforceable upon manumission, analogous to the ruling for a chattel slave. If the master grants permission, there are two views: one holds it is invalid because it might lead to the forfeiture of freedom, and the second holds it is valid because the right belongs to both parties and cannot be excluded from them.