What happens to the *Kitaba* contract and the balance of the *Mukataba*'s earnings if freedom is established through *Istilad* or the master's death before she completes her manumission payments?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If freedom is established through *Istilad* or the master's death before she is declared unable to pay, she becomes free as an *Umm Walad*. The remaining payments of her *Kitaba* and whatever is in her possession are forfeited to her master's heirs. If she pays and is freed by *Kitaba*, whatever remains of her earnings belongs to her, as the freed person by *Kitaba* retains the surplus of her earnings. If she defaults and is returned to slavery, the ruling of *Kitaba* is voided, but the ruling of *Istilad* remains, and she is freed upon the master's death.
Supporting text
If the master dies before she defaults, she is freed as an *Umm Walad*, and the *Kitaba* obligation ceases because freedom has been achieved, nullifying the consideration paid for it, similar to if the master had freed her directly. Regarding what she possesses, there is a difference of opinion: Al-Kharqi and Abu al-Khattab hold it goes to the master's heirs because freedom occurred via *Istilad*, voiding *Kitaba*. However, Al-Qadi in 'Al-Mujarrad' and Ibn Aqil state that what remains in her possession belongs to her, which is the sounder opinion, because when freedom occurs within the *Kitaba*, the contract's effect is not nullified, just as the remission of the *Kitaba* installments is not nullified. Her ownership over her possessions was established and only the master's right over her person is removed, implying her possessions remain free to her.