Is emancipation suspended upon the master linking it to the slave performing an act, such as paying a debt?
General Chapter
Al-Mughni
Book of Manumission
Primary text
When emancipation is suspended upon the fulfillment of a pure attribute or condition (e.g., 'If you pay me one thousand, you are free'), this condition is binding and cannot be unilaterally nullified by the master or jointly by the master and slave. If the master is the one who dies, the condition lapses because his ownership has ceased, and he cannot free property that is no longer his. If ownership transfers via sale or gift, the condition is voided, but it revives if ownership returns to the master. Emancipation takes effect immediately upon fulfillment of the condition without requiring renewal from the master. Any earnings the slave acquires before fulfilling the condition belong to the master, and these earnings count towards the specified payment. If the enslaved person is a female slave, her offspring born before the condition is met are not freed in one of the two recognized opinions, as she remains a slave until the full condition is met.
Supporting text
Regarding the argument that partial fulfillment of a divisible condition (like paying part of the money) triggers partial emancipation or invalidates the condition, this is rejected. The fulfillment of conditions for legal rulings requires the complete realization of the condition, similar to other legal prerequisites. Furthermore, if the language implies completeness (like paying 'the thousand'), partial performance does not constitute fulfillment. The fundamental principle in Sharia and language is that the consequence does not arise without the complete fulfillment of its prerequisite.