What is the ruling on a manumission contract involving something prohibited (Muharram), such as wine or pork?
General Chapter
Al-Mughni
Book of Manumission
Primary text
The Qadi classifies manumission written contingent upon something forbidden, like wine or pork, as an invalid manumission contract, and its ruling follows the general rule discussed above, meaning the slave is freed upon fulfilling the obligation.
Supporting text
Abu Bakr maintains that the slave is not freed by fulfilling the condition in this case. This aligns with the apparent view of Ahmad, narrated by Al-Maymuni, stating that if a slave enters an invalid manumission contract and fulfills what he was contracted for, he is freed, unless the manumission contract itself was for something forbidden. It should be argued that if the freedom is suspended upon paying for something forbidden, freedom is attained through that payment, similar to suspending freedom upon theft or drinking wine. However, if the master says, 'I contracted your manumission for wine,' the slave is not freed upon paying for it, which is the position of Abu Bakr.