Is it permissible to guarantee the contract of manumission (mukātab) for the debt owed for the manumission?

Chapter on Guarantee (Daman)

Al-Mughni

Book of Assignment (Transfer of Debt)

Book 17 · Issue 1 · Bab 2

Open in Qurani

Primary text

Guaranteeing the debt of a mukātab (a contracted slave seeking freedom) specifically related to the agreed-upon price of manumission is impermissible. This prohibition stems from the fact that the mukātab himself is not legally required to be physically present (his presence is not mandatory for the debt itself). Therefore, a surety (kafālah) for this debt is invalid, similar to the invalidity of guaranteeing the debt of manumission itself.