What happens if the slave is unable to pay the amounts claimed in restitution by the denying master?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If the slave is unable to pay the restitution amounts, the master may declare the slave incapable (failing the agreement) and revoke his manumission, rendering half the slave free and half in bondage. The denying master then claims restitution for half of what the affirming partner received. The manumission does not fully extend to the half where the slave remains in bondage because both parties previously believed freedom was secured for the whole amount, and the denying master claims the slave remains entirely a slave, asserting his partner's collection was unauthorized regarding his share.
Supporting text
The full extension of manumission (sarāyah al-'itq) is prevented in this scenario under both views because sarāyah only applies when part of the slave remains enslaved while another part is freed; here, all parties disagree on the slave's fundamental status until the specific restitution amount is settled. This ruling is consistent with the explicit declaration (al-mansūs) from Imam Al-Shafi'i.