Is a freed slave (*Mukatab*) permitted to act as a broker (*Muhabiy*) in a sale?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 1 · Bab 1

Open in Qurani

Primary text

A freed slave is forbidden from acting as a broker (*muhabi*) in a sale, increasing the purchase price they initially agreed upon, lending an animal (*i'arat dabah*), or giving a gift (*hadayyah*). This prohibition is supported by Shafi'i and the Ashab al-Ra'y (adherents of the Hanafi school), based on the reasoning that these actions constitute an uncompensated donation of their property, thus being prohibited just like outright gifts (*hibah*).

Supporting text

The view allowing the lending of their animal, gifting of food, and inviting others to eat is supported by the consideration that these actions are permissible for someone who has been granted permission (*ma'dhun lahu*), and the freed slave should not be demoted from their status by being prohibited from such acts.