Is it permissible for the installment plan (Tanjim) for the compensation payments to differ between the two masters?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
It is not permissible for the masters to differ regarding the schedule of installments (Tanjim) such that one master receives more than the other before the final installment. This prohibition is based on the ruling that payment must be made equally to both masters without favoring one by an earlier payment. Differing the timing or the amount paid in specific installments leads to such impermissible preference.
Supporting text
A second opinion permits differing the installment schedule, reasoning that any imbalance can be rectified by allowing an early payment to the delayed party or by the other master permitting an earlier or greater payment to his partner. Since the contract can potentially achieve its objective through these adjustments, it should not be invalidated based on the mere possibility of imbalance.