Is a bequest for manumission contract (*kitabah*) given precedence over other bequests when the estate is insufficient?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
There is a juristic extension suggesting that the *kitabah* bequest should be prioritized over other bequests, based on the narration that grants precedence to a bequest of immediate manumission, since the purpose of *kitabah* is to achieve manumission and leads to it.
Supporting text
Another possible ruling suggests that the *kitabah* bequest should not be given precedence under any circumstances. This is because immediate manumission involves a final, conclusive effect (*taghlib wa sirayah*), which is not inherent in the *kitabah*. The mere potentiality of freedom does not necessitate precedence, similar to a bequest made to a person for the benefit of his son, which is not prioritized despite the ultimate intention perhaps being the son's benefit.