Disposition of the Mukatab's estate if he dies before completing his contract after partial payment to one master.

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the Mukatab dies after paying his writing money to one master, and while working for the second master, his entire earnings during his servitude are considered shared between the masters. The first master must reimburse the second master for his share of the money already taken. The inheritance of the deceased is divided between the two masters. If the slave had no heirs by lineage, his inheritance goes to the master to whom he owes loyalty (wala').

Supporting text

If it is ruled that the partial taking was invalid, what the receiving master took is divided equally between him and his partner, and the share of the Mukatab is not freed because the consideration was not fully received. The non-receiving master can claim his share from the receiving master, as if the latter had taken it without permission.