Is it permissible for a *Mukatab* to pay a portion of his agreed manumission price early in exchange for the master forgiving a portion of the remaining debt?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 4 · Bab 1

Open in Qurani

Primary text

This transaction is permissible. This view is held by Ta'us, Al-Zuhri, Al-Nakh'i, and Abu Hanifah. The justification is that the writing fee (*mal al-kitabah*) is not a fixed debt; the slave is not compelled to pay it, can refuse payment, and it cannot be guaranteed by a surety. Payments made are the slave's earnings. The Law established this contract as a means to manumission, stipulating delay for the sake of achieving manumission and ease for the *Mukatab*. If accelerating payment results in reducing the remaining obligation, it better achieves manumission and eases the burden. This differs from other debts because of the nature of the *kitabah*, and it differs from transactions between strangers because the relationship is master-slave, resembling the status of an absolute slave (*qinn*). The resulting early freedom is a reduction of debt, contrasting with pre-Islamic usury (*riba al-jahiliyyah*) which involves an increase in debt for extension of time.

Supporting text

Al-Hasan, Ibn Sirin, and Al-Sha'bi disliked this transaction. Al-Shafi'i ruled it impermissible because it constitutes selling a debt of a thousand for a present five hundred, classifying it as *riba al-jahiliyyah* (usury involving an increase in debt for deferment) and impermissible like loans between strangers, arguing that usury applies between a *Mukatab* and his master.