Do rare earnings, such as found property (luqatah), gifts (hibah), or bequests (wasiyyah), fall under the arrangement of Al-Muhaya'ah?
General Chapter
Al-Mughni
Book of Manumission
Primary text
The ruling according to Al-Qadi is that rare earnings, such as found property, gifts, and bequests, are included in Al-Muhaya'ah because they are considered part of the slave's earnings, thus resembling habitual earnings. Another position held by other scholars asserts that they do not enter into Al-Muhaya'ah. Instead, they are divided between the slave and the master in all circumstances, as Al-Muhaya'ah is considered an exchange (mu'awadah). This exchange is seen as the slave exchanging his share of earnings on his master's day for the master's share on the slave's day; therefore, this exchange should not encompass the unknown or that which is unlikely to occur.
Supporting text
Some scholars maintain that rare earnings do not enter into Al-Muhaya'ah and are divided between the parties in all cases because Al-Muhaya'ah is a form of exchange, and such rare acquisitions are too uncertain for inclusion in this pre-agreed exchange.