How are earnings and expenses handled when the slave is half Mukatab and half enslaved?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The slave's earnings are divided equally between himself (as Mukatab) and the denying heir. His expenses are from his own earnings, as they are upon himself and upon the owner of his enslaved half. If he has no earnings, half his expenses fall upon the denying heir. If the slave and the owner of his enslaved half agree on alternating work periods (Muhayaah) whether monthly, annually, or otherwise, it is permitted.
Supporting text
According to the apparent statement of Ahmad, if one party requests Muhayaah and the other refuses, he may be compelled to it, which is the position of Abu Hanifah, because the benefits are shared between them, and if one wishes to obtain his share without harm, the other must comply, like tangible property. Alternatively, he may not be compelled, which is the position of Al-Shafi'i, because Muhayaah postpones his immediate right, as the benefits on this day are shared between them, so compliance is not obligatory, like postponing an immediate debt.