Does divorce occur if the condition is met by giving a previously manumitted or conditionally manumitted slave?

General Chapter

Al-Mughni

Book of Khul' (Redemption Divorce)

Book 38 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a husband says, 'If you give me a slave, you are divorced,' and the wife gives him a mudabbar (slave willed for freedom upon owner's death) or mu'attaq (a slave whose freedom was granted contingent on a condition), and only half of the stipulated value is met, the divorce occurs because these forms of servitude are treated as property rights similar to a full slave (qinn) in terms of ownership transfer. The divorce occurs because the condition necessitates ownership transfer, and these possessory statuses are deemed transferable in this context.