Is a contract of manumission (Kitabah) binding upon the master before the stipulated payment date, and can the master demand payment early?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The contract of manumission is a binding contract, and the master cannot unilaterally dissolve it before the enslaved person defaults on payment, according to unanimous scholarly opinion. The master cannot demand payment before the stipulated due date (nujum) because the payment was established as deferred in the contract. Once the date arrives, the master has the right to demand payment of the installment due, as it becomes a matured debt similar to a debt owed by a third party. However, the master has the right to forbear and postpone collection, regardless of whether the enslaved person is capable of paying or not, as it is a right they are permitted to postpone. If the master chooses to forbear, the enslaved person cannot seek dissolution of the contract.
Supporting text
Ibn al-Mundhir reported a consensus among scholars whose views are known that if the due installment arrives, or several installments arrive, and the master refrains from demanding payment and leaves the situation as it is, the contract of manumission remains valid as long as both parties adhere to the original agreement. If the master postpones the due date and then later wishes to revert, they have that right, as a matured debt cannot be made deferred without a new agreement, analogous to a loan.