What happens if the sequence of two simultaneous manumission purchases between two Mukatabs is unknown?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
Abu Bakr states that both sales are voided, and each Mukatab reverts to his original manumission agreement. This is because the validity of each sale is doubtful, requiring a return to certainty. Al-Qadi suggests this is analogous to a situation where two guardians perform a marriage contract and the first cannot be determined; thus, both marriages should be annulled.
Supporting text
According to Abu Bakr's view, annulment of the sales is not necessary because the marriage contract requires annulment due to the woman being validly married to one of them certainly, a status that cannot cease except through annulment. In our case concerning the sales, the specific designation of which sale occurred first is not established, so it does not necessitate annulment.