What is the legal status of a Mukatab (a slave who has contracted for his freedom)?

Chapter on Divorce by Calculation

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 3

Open in Qurani

Primary text

The Mukatab remains legally a slave until the final dirham of his stipulated payment is rendered. His divorce (*talaq*) and all other legal judgments pertaining to him are the rulings applied to slaves. This ruling is supported by the Hadith: 'The Mukatab is a slave so long as a dirham remains due from him.' Furthermore, his manumission is valid, and he cannot enter into marriage or possess a concubine except with the permission of his master, which are rulings specific to slaves. Therefore, his divorce is considered the divorce of any other slave.

Supporting text

It is reported that Nufay', the Mukatab of Umm Salamah, divorced a free woman two divorces. Uthman and Zayd ibn Thabit ruled that she became forbidden (*hurrimat*) to him due to this act, indicating that the Mukatab's divorce follows the rules of a slave.