What is the legal status of a Mukatab who has acquired sufficient wealth to pay the remaining stipulated amount for his manumission?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If the Mukatab possesses what is required for his manumission, he becomes free, and consequently, he inherits and is inherited from. If he dies, his heirs inherit his estate. If there is a remainder of his contract debt after his death, it is paid from his estate, and the rest goes to his heirs. This is supported by the tradition narrated from Umm Salamah, who said the Messenger of Allah, peace and blessings be upon him, instructed his wives: 'If one of you has a Mukatab, and he has what is due for payment, then she should observe hijab from him.' Al-Hakam narrated from Ali, Ibn Mas'ud, and Shurayh that the master is given what remains of the contract from the estate, and anything left over belongs to the Mukatab's heirs. This view is also narrated from Al-Zuhri, Ibn Al-Musayyib, Abu Salamah ibn Abd al-Rahman, Al-Nakha'i, Al-Sha'bi, Al-Hasan, Mansur, Malik, and Abu Hanifa.
Supporting text
Malik stipulated that those associated with him in the contract (if any) have precedence over his son in inheriting the remainder of his contract debt. Abu Hanifa held that the Mukatab remains a slave during his life, and upon his death, the remainder of his contract is paid from his estate, with the rest going to his heirs. There is a narration from Umar, peace be upon him, stating on the pulpit that among the Mukatabs, whoever pays half has no slavery over him. Similarly, Ali, peace be upon him, stated that once half is paid, he is free. A view from Al-Hasan states that if half is paid, he is a creditor (gharim).