Does a contractually obligated slave (*mukatab*) gain freedom immediately upon acquiring sufficient assets to pay the remaining ransom sum (*kitabah*)?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
Freedom is not attained until the required payment is fully rendered. This is the sound position, held by figures such as Umar, his son, Zayd, and Aisha (may Allah be pleased with them), who stated that the *mukatab* remains a slave if even one Dirham is outstanding. This is the view of the majority of scholars. The evidence cited for this position is the narration: "The *mukatab* is a slave so long as one Dirham remains due from him," and another narration stating that any slave contracted for a specific sum who pays all but one-tenth of it remains a slave. Furthermore, emancipation conditioned upon a payment does not take effect until the condition is met, similar to saying, "You are free if you pay me a thousand." On this view, if the assets perish before payment, the remaining sum becomes a debt on his estate, and he dies in servitude.
Supporting text
A second narration, attributed to Ahmad (may Allah be pleased with him), holds that the *mukatab* gains freedom immediately upon possessing the means to pay. This is supported by the narration where the Prophet (peace be upon him) commanded the wives to observe Hijab from their *mukatab* if he possessed what he owed. This implies freedom by the mere possession of the means for fulfillment, treating the situation as if the payment had already occurred. Under this narration, if the assets perish before payment, he has already become free and the payment becomes a debt on his estate; the ruler compels him to pay.