What is the effect on the remaining *kitaba* status if the non-contracting partner frees his share of a jointly owned slave while the *mukatab* partner's share is still under the contract, and the emancipating partner is insolvent?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If the emancipating partner is insolvent, the manumission of his share does not immediately extend to the *mukatab*'s share; the latter remains under the contract of *kitaba*. If the *mukatab* fulfills his contract later, the entire slave is freed, and the right of manumission (*wala'*) is shared between the two partners who caused the freedom. If the *mukatab* defaults and the *kitaba* is nullified, the contracted portion reverts to slavery, unless the ruling is adopted that the slave must work to compensate for the remainder of the value. Compensation by labor is required upon the dissolution of *kitaba* due to inability to pay, but not during the time the *kitaba* is active, as the *kitaba* itself is a form of compensation agreed upon for the agreed-upon value.
Supporting text
The text implies that if the *mukatab* defaults, the portion freed by the insolvent partner remains free, while the *mukatab*'s portion reverts to slavery, unless the view stating that the slave must labor (*yustas'a*) to cover the remaining value is adopted.