Is a contract of manumission (kitabah) written by a terminally ill person valid regarding the estate distribution?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The writing (kitabah) of a sick person is valid. If the illness is the one feared as mortal (marad al-mawt al-makhuf), the manumission must be accounted for from one-third of the estate. This is because the contract is treated as an exchange of the slave's wealth for his own wealth, resembling a gift (hibah). If the required payment falls within the one-third limit, the kitabah is binding. If it exceeds the one-third, the obligation is only binding up to the one-third portion, and the remainder is contingent upon the heirs' approval. This is the position of Al-Shafi'i.
Supporting text
Abu al-Khattab holds that the kitabah can be executed from the entire capital (ras al-mal) because it is a contract of exchange, similar to a sale. In this case, the slave becomes free, and his loyalty (wala') belongs to the one who contracted his manumission.