What is the ruling for Khul' involving a female Mukatabah (a slave contracted for her freedom)?

General Chapter

Al-Mughni

Book of Khul' (Redemption Divorce)

Book 38 · Issue 6 · Bab 1

Open in Qurani

Primary text

The ruling concerning a Mukatabah is the same as that concerning an ordinary female slave (Qinn). This is because she does not possess the capacity to dispose of what is in her hands through gratuitous transactions. Furthermore, providing compensation in Khul' yields no benefit in terms of obtaining assets but results in detriment due to the forfeiture of her maintenance (Nafaqah) and part of her dower if the marriage was unconsummated.

Supporting text

If the Khul' was without the master's permission, the consideration is attached to her liability, following her upon manumission. If it was with the master's permission, she delivers it from what is in her hands; if nothing is in her hands, it falls upon her master.