Is a bequest for the manumission contract (kitabah) of a slave valid?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 1 · Bab 1

Open in Qurani

Primary text

The bequest concerning the manumission contract of a slave is valid because the *kitabah* involves the rights of Allah the Exalted and the rights of humankind. If bequeathed, the contract is valid, and its value must be covered from the bequest portion (one-third of the estate), as this constitutes a gratuitous transfer from the deceased's estate, akin to selling one's property for one's own money. If the value is covered by the third, the heirs are obligated to complete the contract. The value of the *kitabah* itself is not considered part of the slave's wealth when assessing the estate's disposition, as it is an increment and benefit derived from the master's property. Furthermore, the assessment is based on the status at death, at which point the master did not own the wealth designated for the *kitabah*.

Supporting text

The opinion of Al-Qadi is cited regarding the valuation. If the specific wealth for the *kitabah* is designated, the contract must be executed with that designated wealth, whether it is less than, equal to, or greater than the slave's actual value. If no specific wealth is designated, the heirs must contract the *kitabah* based on customary practice for such contracts for similar slaves. Custom generally dictates contracting the slave for a price exceeding his market value because the payment is deferred.