Is the contract of *Kitabah* (manumission by installment) valid when executed by an insane person or a minor child?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The contract of *Kitabah* is not valid when executed by an insane person or a minor child, whether they are attempting to free their own slave or if their master attempts to contract *Kitabah* with them. This is because they lack the capacity to effect legal transactions. If the master is a mature individual, his *Kitabah* of his insane or minor slave is neither valid nor void (*fasid*). However, if the master states, "If you deliver what is due to me, then you are free," and they deliver, they are freed by the condition (*sifah*), not by *Kitabah*. If the master did not state this condition, they are not freed. This view is narrated by Abu Bakr.
Supporting text
The view of the Qadi, which aligns with the position of Imam Shafi'i, holds that if the master contracts *Kitabah* with an insane or minor slave, the slave is freed by condition (*sifah*) because *Kitabah* inherently carries the meaning of a condition, similar to saying, "If you pay me, you are free."