Is the guarantee (daman) for the value of a free person who has a contract of manumission valid?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 1 · Bab 1

Open in Qurani

Primary text

The guarantee for the value of a free person (*al-hurr*) bound by a contract of manumission (*kitabah*) is invalid. This ruling is supported by principles previously established, arguing that a contract of manumission differs from the price of a sold item, as the latter is obligatory (*lazim*), while the former is not obligatory.

Supporting text

There are two narrations mentioned concerning this issue. One narration holds that the guarantee is valid because it constitutes a substitute in a consensual exchange (*mu'awadah*), similar to the price of a sold item.