Effect of one master receiving his share of the writing money (mal al-kitabah) with the co-master's permission on the Mukatab's freedom.
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If the Mukatab pays the writing money to one master with the permission of the co-master, the share of the Mukatab corresponding to that payment is considered manumitted (freed). The manumission then extends to the remainder of the Mukatab through transmission (sarayah). The paying master is liable for the value of the share belonging to his partner, as the manumission was facilitated by him. This opinion is attributed to Al-Kharqi. The obligation is immediately due at half its value, while the Mukatab remains under the contract for the remainder, and his right of loyalty (wala') belongs entirely to the paying master. The money remaining in the Mukatab's possession is divided: half belongs to the slave (corresponding to the portion freed by the payment) and half to the master (corresponding to the portion freed by transmission).
Supporting text
According to the preferred view, the entire remaining portion of the earnings belongs to the slave, because the earning was his property and his ownership is not nullified by his manumission, just as if he had been freed by full payment. Abu Bakr and Al-Qadi hold that manumission does not extend immediately but only upon the Mukatab's inability to pay the remaining balance. If the Mukatab pays the second master, both masters free him, and his loyalty is shared between them.