Is a condition stipulating known service after manumission in a *Kitabah* contract permissible?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 2 · Bab 1

Open in Qurani

Primary text

Stipulating a known service after manumission in the *Kitabah* contract is permissible. This view is held by 'Ata' and Ibn Shubrumah. The justification is that the Prophet's tradition supports it, as 'Umar (may Allah be pleased with him) stipulated three years of service to the Caliph after freeing Arab captives whom he freed on the condition they prayed. Furthermore, stipulating service is analogous to stipulating it before manumission in the *Kitabah* contract, or stipulating a known compensation. The contention that it contradicts the contract's implication is rejected, as the contract's implication is manumission upon fulfillment, which this condition does not negate.

Supporting text

Malik and Al-Zuhri hold that such a condition is invalid because it contradicts the implication of the contract, similar to stipulating the inheritance.