Is explicit intention or wording required for manumission to occur upon completion of the Kitabah payment?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 2 · Bab 1

Open in Qurani

Primary text

Manumission is established upon the completion of the contract of Kitabah without needing the explicit wording or intention of freedom. The contract of Kitabah is inherently established for the purpose of manumission, similar to the ruling of *Tadbir*. The argument that the term 'Kitabah' is commonly used for mere release is considered not well-known and thus does not prevent freedom from being established by it, just as explicit words establish freedom. Moreover, ambiguous language defaults to one of its meanings based on context (*qara'in*), such as the word *Tadbir* being interpreted in relation to livelihood or other contexts. In this case, since Kitabah is explicit regarding freedom, it is more appropriate that the intention or wording is not required.

Supporting text

Al-Shafi'i requires explicit wording or an intention of freedom, arguing that the ambiguous nature of the term 'Kitabah' necessitates clarification between the meaning of release (*mukharijah*) and manumission upon payment.