What is the ruling on a conditional manumission statement where the condition is not specified for time?

General Chapter

Al-Mughni

Book of Manumission

Book 66 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a master states to his slave, 'If I do not whip you ten lashes, then you are free,' without specifying a time for the condition, the slave is not manumitted unless the master dies or the stipulated whipping never occurs. The sale of the slave before this condition is met or nullified is valid according to the majority of scholars. The basis for this ruling is that the sale occurred before the realization of the condition, thus the sale is valid and not voided, analogous to stating, 'If you enter the house, you are free,' and selling the slave before entry.

Supporting text

Imam Malik holds that the master does not have the right to sell the slave in this situation, and if he does sell the slave, the sale must be rescinded (voided).