Is a gift from the Mukatab to another person, with compensation stipulated, valid?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 2 · Bab 1

Open in Qurani

Primary text

A gift made by the Mukatab where compensation (thawab) is stipulated for the recipient is invalid. The reasoning is that uncertainty regarding the stipulated compensation introduces excessive ambiguity (*gharar*). Moreover, since the compensation is deferred, the transaction resembles a deferred sale (*bay' nasi'ah*). If the master gives permission for such a transaction, it becomes valid.

Supporting text

Al-Shafi'i, in one of his two opinions, holds that such a gift with stipulated compensation is valid because it involves an exchange (*mu'awadah*).