The earnings and maintenance of the purchased relatives of a Mukatab.
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The earnings of those purchased by the Mukatab belong to the Mukatab because they are his slaves, and their maintenance is incumbent upon him by virtue of ownership, not kinship. If the master manumits them, they are not freed because the master does not possess them, thus he cannot dispose of them. If the Mukatab manumits them without the master's permission, they are not freed due to the master's claim attached to them. If he manumits them with permission, they are freed, as with any other slave of his.
Supporting text
If the master manumits the Mukatab, the purchased slaves become slaves to the master, as the Mukatab's contract is nullified, similar to the Mukatab's death. Based on our chosen view, they are freed because manumission occurred before the annulment of the contract, thus it must take effect, similar to freedom achieved by forgiving the debt or paying it. This establishes that the contract of writing is a binding contract through which the Mukatab acquires ownership of his slaves and their earnings, while the master retains a right over the slave's neck that is only removed by fulfillment or its equivalent. Thus, the master cannot assert invalidation regarding what pertains to the Mukatab's right, but only regarding the Mukatab's neck, which is effective concerning the Mukatab's wealth but not the Mukatab's person. If the Mukatab dies without leaving fulfillment, they revert to slavery. Abu Yusuf and Muhammad stated that they continue their installments upon writing, as do his Umm Walad. Abu Hanifa stated specifically regarding the offspring that if the debt is due immediately, it is accepted from them, and they are freed. We argue that they are slaves of the Mukatab, thus they become the master's upon the Mukatab's death if he leaves no fulfillment, like a non-related slave. If he leaves fulfillment, the outcome depends on the two narrations concerning the nullification of the contract, as previously stated.