Is a bequest (wasiyya) concerning an enslaved person contracted for manumission (mukātab) valid if the testator permits selling him?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The bequest concerning a mukatab is valid if the testator permits his sale, according to Abu Bakr, narrated from Ahmad. This validity extends because the testator also permits gifting him. The recipient of the bequest assumes the place of the original master concerning the obligation of payment by the mukatab. If the mukatab defaults on payment, he reverts to the ownership of the legatee as a chattel slave, and if he attains manumission later, the right of *wala'* (allegiance) belongs to the legatee, just as it is for a buyer. If the default occurs during the testator's lifetime, the bequest remains valid because the status of servitude does not negate the bequest.
Supporting text
If the mukatab pays and is freed during the testator's lifetime, the bequest becomes void. Those who prohibit the sale of a mukatab also prohibit bequeathing him or gifting him.