What happens if the *Makatab* is unable to complete the installments?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the *Makatab* is unable to pay, the owner of the *Raqabah* (the beneficiary of the manumission bond) annuls the manumission contract (*Kitabah*), and the *Makatab* becomes his slave again. The bequest concerning the wealth is nullified. If the creditor (*Sahib al-Mal*) had received any part of the installments before this, that portion belongs to him.

Supporting text

If there is a dispute between the parties regarding the annulment of the *Kitabah* due to inability to pay, the statement of the owner of the *Raqabah* is accepted as authoritative, as he acts in the position of the heirs, based on established principles.