Is a contract of 'Kitabah' (manumission by installment) valid if the duration is specified?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The contract of Kitabah is valid when stipulated for a specified period of time. Manumission takes effect upon full payment, regardless of whether the master intended freedom by the contract or explicitly stated, "When I receive payment from you, you are free," or omitted that statement. This view is held by Abu Hanifa. The evidence supporting this is that freedom is the consequence (*mujib*) of the Kitabah contract, so it takes effect upon its completion, similar to all other rulings of the contract. Furthermore, Kitabah is a contract established specifically for manumission, so it does not require the explicit wording or intention of freedom, similar to *Tadbir* (a master's declaration that his slave is free upon his death).
Supporting text
Al-Shafi'i maintains that manumission does not occur unless the master states, "When I receive payment from you, you are free," or intends freedom by the contract itself. This is because the term 'Kitabah' is ambiguous, potentially signifying release (*mukharijah*) or manumission upon payment, necessitating a distinction between the two, similar to ambiguous terms used for manumission.