Is the *Kitabah* contract valid for a discerning minor (*mumayyiz*) who contracts with his slave, assuming he has the permission of his guardian?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If a discerning minor contracts *Kitabah* with his slave with the permission of his guardian, the contract is valid according to the primary opinion. The evidence supporting the validity of the transaction of a discerning minor when permitted by the guardian is derived from the verse: {And test the orphans until they reach the age of marriage} [Quran 4:6]. This testing is an examination concerning the delegation of transactions to them to ascertain whether their actions result in benefit or if they are being defrauded in buying and selling. Furthermore, the master's imposition of *Kitabah* upon his discerning slave constitutes permission for the slave to accept it.
Supporting text
A secondary opinion suggests that the *Kitabah* is not valid, based on the ruling that the discerning minor cannot validly sell property even with the permission of his guardian. Additionally, since *Kitabah* is an act of manumission, it is argued that it should not be valid for him unless it is done without financial exchange, similar to outright manumission without compensation.