What is the ruling when a master suspends a slave's manumission upon the occurrence of a specified future time?

General Chapter

Al-Mughni

Book of Manumission

Book 66 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a master suspends the manumission of his slave or female slave upon the arrival of a specific time, such as stating, 'You are free at the turn of the year,' the manumission does not take effect until that time arrives. During this interim period, the master may sell the slave, gift him, hire him out, or, if it is a female slave, engage in sexual intercourse with her. This position is held by Al-Awza'i, Ash-Shafi'i, and Ibn al-Mundhir. The evidence cited is the narration from Abu Dharr, who said to his slave: 'You are freed until the turn of the year,' implying that the statement was linked to the time frame; otherwise, it would lack purpose. Moreover, linking manumission to a condition or time must necessitate its attachment, similar to saying, 'If you pay me a thousand, you are free.' The slave's right to eventual freedom does not prevent intercourse, unlike the case of *Istilaad* (procreation through a bondswoman).

Supporting text

It is reported that Malik held that if the master says, 'You are free at the turn of the year,' the slave is freed immediately. Ibn al-Mundhir also conveyed that if it is a female slave whom he has not yet had intercourse with, he cannot have intercourse with her, nor can he gift her, because his ownership is not absolute, nor does servitude pass on through her lineage. If the master dies before the specified time, she becomes free upon that time arriving from the principal asset. A weaker view attributed to Ahmad suggests the master should not have intercourse because the ownership is incomplete. This is contrasted with the case of a *Mukatabah* (a contracted slave seeking freedom), where the slave's obligation to pay an exchange removes the master's ownership over her earnings, unlike the conditional manumission discussed here.