Is it obligatory for a master to grant a request for manumission through payment (Mukataba) by a slave if the slave is deemed trustworthy?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 1 · Bab 1

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Primary text

It is recommended, not obligatory, for a master to grant a slave's request for manumission through payment (Mukataba) if the master perceives good in the slave. This view is held by the majority of scholars, including Al-Hasan, Al-Sha'bi, Malik, Al-Thawri, Al-Shafi'i, and the Ashab al-Ra'i (followers of opinion/Hanafi school). The primary evidence cited is the Quranic injunction: {And those who seek a writing [of freedom] from among those whom your right hands possess—then seek a writing from them if you know there is any good in them} (Quran 17:33). However, based on the principle that manumission with compensation is a voluntary act (like facilitating the search for a contract, Isti'a), it is not obligatory. Furthermore, the action of Anas ibn Malik, who initially refused his slave Sayrin's request until advised by Umar ibn al-Khattab, suggests that while the command is present, the act itself is one of recommendation.

Supporting text

A dissenting opinion holds that granting the request is obligatory if the capable and truthful slave demands it. This view is attributed to Ahmad in one narration, as well as 'Ata', Al-Dahhak, 'Amr ibn Dinar, and Dawud. Ishaq expressed apprehension that a master incurs sin by refusing if the condition of 'good' is met, though he stopped short of declaring it strictly obligatory.