Is the contract of manumission valid if the payment is immediate (halan)?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 2 · Bab 1

Open in Qurani

Primary text

The immediate enforcement of the kitabah is not valid; it must be deferred and structured into installments (munajjaman). This is the apparent view of the Madhhab and the position of Al-Shafi'i. The evidence is that a group of Companions concluded contracts of kitabah, and none of them were reported to have concluded it immediately. If it were permissible, they would not have all agreed to omit it. Furthermore, the kitabah is a contract of exchange where the obligor is incapable of paying the consideration immediately, necessitating deferment, similar to *salam* according to the view of Abu Hanifa. It is also an exchange contract subject to rescission, which requires specification of the consideration; thus, if it occurs in a manner where inability to pay is established, it is invalid.

Supporting text

Malik and Abu Hanifa permit immediate payment because it is a contract concerning a specific asset (ayn); if the consideration is established as a debt upon the obligor, it is permissible for it to be immediate, like a sale.