Does the invalid Mukatabah contract become void upon the death of the master?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
Al-Qadi and his followers hold that the contract is voided by the master's death, following Al-Shafi'i. This is because it is a revocable contract that does not necessarily lead to finality, thus it terminates upon death, similar to a power of attorney (Wakalah). Furthermore, the ruling aspect of a mere condition prevails, and since a mere condition is terminated by death, so too is this Mukatabah.
Supporting text
Abu Bakr maintains that it is not voided by death, and manumission occurs by payment to the heir. This is the position of Abu Hanifah. They argue that since the slave gains manumission by paying the master, he gains manumission by paying the heir, just as in a valid Mukatabah. They also argue that the invalid contract is similar to the valid one regarding manumission by payment and concerning the status of the offspring.