Is a gift from the Mukatab to another person, with compensation stipulated, valid?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
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*).