How is the earning (*kasb*) of a partially contracted slave divided when the master contracts for his half share?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If the master of the half share performs the *kitaba*, the contract does not immediately transfer to the remaining half. The slave cannot pay anything towards the contract price to his master until he pays a similar amount to his co-owner, regardless of whether the co-owner authorized the *kitaba* or not, because authorization pertained only to his share. If the contracting master is solvent, the full value of the slave's remaining half is due from him to the co-owner, similar to direct manumission. If the contracting master is insolvent, the manumission does not extend beyond the contracted half, unless a dissenting opinion regarding seeking compensation (*istis'a*) is adopted, in which case compensation is sought for the uncontracted half.
Supporting text
If the slave earns money when his master has designated specific times for his labor (*hayya'a*), the earnings belong solely to the master of that time slot. If no designation exists, earnings are divided between the two masters proportionate to the slave's shares (contracted half to the contracting master, and the remaining half to the other master). If the slave uses earnings derived from the portion he is contracted for (e.g., from voluntary gifts or specific charity portions), that money belongs exclusively to him to pay off his contract, and the co-owner has no claim on it.