What is the ruling on invalid manumission contracts (Kitabah Fasidah) that involve an exchange, such as writing manumission contingent upon an unknown amount, a specific unknown sum, or failure to meet a condition?
General Chapter
Al-Mughni
Book of Manumission
Primary text
The ruling for an invalid manumission contract where the characteristic (sifah) prevails is that the slave is not freed upon fulfilling the condition (performance of the *mu'awadah*). This is because the freedom is suspended upon a condition. The slave is not obligated to pay its own value, and the contract is not voided by the slave's insanity or placement under legal guardianship (Hajr), since guardianship for slavery does not invalidate his existing contract of manumission. If the slave fulfills the condition while insane, he is freed because the prerequisite condition for freedom has been met.
Supporting text
Abu Bakr holds that the slave is not freed in this circumstance. He states that this contract is distinct from pure manumission because the master has the right to annul and remove the invalid contract, as the invalid is legislatively appointed to be removed. It also differs from a sound manumission contract because the invalid contract is voided by the master's death, insanity, or legal guardianship due to foolishness, as it is a revocable contract from the master's perspective, similar to agency (Wakalah) or partnership (Mudharabah). Ahmad stated that if the slave experiences obsessive thoughts (waswasa), it is treated as equivalent to death.