Is a conditional manumission statement upon the servant's inability to pay after the master's death valid?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The validity of a master's statement to his *mukatab* (servant contracted for freedom): 'When you are unable [to pay] after my death, you are free.' If the statement is deemed valid, the servant becomes free upon establishing the condition of inability after the master's demise. If the *mukatab* claims inability before the due date for payment (when the star mentioned arrives), the claim is invalid because no obligation to pay has yet materialized for him to be unable to fulfill. If he claims inability after the due date and possesses the means to pay, his claim is invalid as he is not genuinely unable. If he claims inability after the due date and has no apparent wealth, and the heirs confirm his claim, he is freed. If the heirs deny it, his statement is accepted upon taking an oath, because the default state is the absence of wealth and inability, thus his oath secures his freedom.
Supporting text
If freedom is established by this condition, the wealth currently in the *mukatab*'s possession belongs to him, unless the contract of *kitabah* (manumission contract) is consequently dissolved. This is because inability merely establishes the right to dissolve the contract, and freedom is established upon the first occurrence of inability. Therefore, freedom effectively occurred during his state of being contracted, meaning the wealth is his, similar to if he were freed by the waiver of the *kitabah* payment. Contrary to this, some of our companions hold that his *kitabah* contract is nullified, and the wealth in his possession passes to the heirs of his master.