Is it valid to stipulate a general, unspecified slave as consideration in a writing contract?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 3 · Bab 1

Open in Qurani

Primary text

The stipulation of a general, unspecified slave is invalid, according to Abu Bakr and the view of Al-Shafi'i. The evidence for invalidity rests on the principle that what is invalid as consideration in sale or lease contracts, such as an unspecified garment, is invalid in a writing contract. Furthermore, a required animal in blood money (Diyah) is specified by genus and age, unlike the absolute specification here. Since an absolute animal cannot be the subject of a writing contract without specification, this also applies to the slave.

Supporting text

Two views exist regarding the validity: one holds it invalid, while the other permits it, supported by Abu Hanifa and Malik. The justification for permission is that manumission is a legal concept that cannot be revoked (Faskh), allowing an unspecified animal to be valid consideration, analogous to blood money (Aql/Diyah).