Is an emancipation performed by a *mukatab* valid if the master gives permission?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If the master grants permission for the *mukatab* to emancipate his slave, the emancipation is valid. This is supported by the principle that if both parties possessing rights over the property (the *mukatab* and the master) agree to the disposition, it is permissible, similar to the case of a pledgor and pledgee.
Supporting text
A view held by Al-Shafi'i (in one of his two opinions) states that it is still invalid. This is because the *mukatab*'s disposition of property surpasses the intended purpose of his indentured status, which is freedom, a right belonging to God or involving a right due to God, which should not be forfeited. Furthermore, emancipation is inseparable from loyalty (*wala'*), and the slave being emancipated is not a suitable subject for the *mukatab*'s disposition. Additionally, since the *mukatab*'s ownership is incomplete, and the master himself cannot emancipate or gift what is in his possession, the act remains invalid because of this deficiency.