Is it obligatory upon the master to remit a portion of the contract price from his wealth to the Mukatab?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
It is obligatory upon the master to give the contracted slave something of what he was contracted for, based on the verse: {And give them from the wealth of Allah which He has given you} [Quran 24:33]. This view is narrated from 'Ali (may Allah be pleased with him) and is held by Al-Shafi'i and Ishaq. 'Ali (may Allah be pleased with him) interpreted this verse as instructing: "Remit a quarter of the contract price from them." Ibn 'Abbas (may Allah be pleased with him) narrated a similar directive to remit something from their contract price. This obligation differs from other contracts because the intent of the contract is leniency towards the slave, and because the contract establishes patronage for the master, the slave is consequently entitled to something from the master. Furthermore, support is found in the Hadith where Abu Hurayrah (may Allah be pleased with him) narrated that the Messenger of Allah (peace be upon him) said: "There are three whom Allah has taken it upon Himself to help: the Mujahid in the cause of Allah, the contracted slave who intends to pay, and the married person who intends to remain chaste."
Supporting text
Buraydah, Al-Hasan, Al-Nakha'i, Al-Thawri, Malik, and Abu Hanifa hold that remission is not obligatory because the contract is one of exchange (mu'awadah), and thus remission is not required, similar to other exchange contracts.