Does the contract of a Mukatab become nullified upon the death of his master?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 2 · Bab 1

Open in Qurani

Primary text

The contract (*kitabah*) does not become nullified upon the death of the master. There is no known disagreement among scholars regarding this point. This is because the contract is binding upon the master, and there is no means to dissolve it unilaterally, thus it does not dissolve upon his death, similar to sale or lease contracts.

Supporting text

The Mukatab must pay the remaining installments (*nujum*) to the master's heirs, as this amount constitutes a debt owed to the deceased, and it is divided among the heirs according to their respective inheritance shares, similar to the deceased's other debts. The Mukatab is not freed until he pays every right-holder their due share.