Is a contract of *Kitabah* (manumission by installment) valid if a slave contracts it for only a portion of himself when he is entirely owned by one master?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The contract of *Kitabah* is valid concerning only a part of a slave wholly owned by one man. This ruling is stated by Abu Bakr. The legal basis is that *Kitabah* is a form of exchange (*mu'awadah*), and therefore it is sound concerning a portion, similar to a sale. Upon the slave fulfilling the entire agreed-upon payment, the entirety of the slave is manumitted because the manumission extends (sara) to his own remaining property, which is more fitting than extending to the property of another owner. The slave is obligated to pay his master the equivalent value of the *Kitabah* installments, as the master is entitled to half of the slave's earnings due to the existing state of servitude, and the other half is dedicated to paying off the *Kitabah* debt.
Supporting text
If the master consents to the slave paying the entire sum towards the *Kitabah* debt, this arrangement is also valid. Once the full agreed amount is settled, half of the slave is freed through the direct contract, and the remaining half is freed through the extension (*sarayah*) of the manumission.