What is the legal effect if the second Mukatab (who was purchased) subsequently attempts to purchase the first Mukatab (who purchased him)?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If the second party attempts to purchase the one who purchased him, the sale is invalid. This is because the first Mukatab is the second's master and owner, and a slave cannot own his master, as it leads to a contradiction of rulings. Each would claim mastership over the other, demanding payment of the remaining *kitabah* debt, and threatening reversal of manumission upon inability to pay. This contradiction is similar to the ruling that a woman cannot own her husband (a slave in terms of right of possession) due to the established legal bond of marriage. Furthermore, if this second transaction were valid, the two debts would offset each other, and both would be freed, which is not the established outcome.
Supporting text
The consequence of the first purchase being valid is that the sold party remains under his original manumission contract. If he pays, he is freed, and his final allegiance (*Wala'*) is suspended. If his master pays his debt, the allegiance belongs to that master, as the freeing occurred through payment to him. If the Mukatab defaults, his allegiance belongs to his original master because a slave cannot establish allegiance, and the master takes his property, thus also taking his rights. This is the implication of the ruling of Al-Qadi. The view of Abu Bakr is that the allegiance belongs to his master because a Mukatab is still a slave and cannot establish allegiance, so it defaults to the master.