What happens to the wealth of a conditionally manumitted slave (mukātab) who defaults and returns to slavery?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If a mukātab defaults on his installments and returns to slavery, all wealth remaining in his possession belongs to his master. This applies whether the wealth was acquired from his own earnings, voluntary charity, or a bequest.
Supporting text
Regarding wealth received from obligatory charity (Sadaqah Mafroodah), there are two narrations. One narration, supported by Abu Hanifa, states the wealth belongs to the master. The second narration, transmitted by Hanbal and supported by Shurayh, Al-Nakha'i, and Al-Thawri, holds that the remaining wealth should be given to other mukātabin (those paying installments). Abu Bakr and Al-Qadi prefer that it be returned to its original owners, arguing it was given specifically for manumission, and if that purpose is unfulfilled, it must be returned, similar to a warrior (Ghazi), a debtor (Gharim), or a wayfarer (Ibn As-Sabeel).