What is the legal status of a female slave (*Muktubah*) upon manumission by her master?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
When the master frees the female slave (*Muktubah*), she becomes free, and her remaining indemnity payment (*kitabah*) is dropped. Furthermore, what she possesses in her hands belongs to her, according to the opinion of Al-Qadi and those who agree with him.
Supporting text
According to the opinion of Al-Kharqi and his adherents, the ruling derived by analogy (*qiyas*) is that what she possesses returns to her master, similar to the case where freedom is gained through childbearing by the master (*istilad*). However, it is plausible that what she possesses belongs to her even under Al-Kharqi's view because the master freed her willingly, implying his consent to relinquish her property to her. This differs from freedom gained through *istilad*, which occurs without the consent of the heirs. Furthermore, if the property of the *Muktubah* were to transfer to the master upon her manumission, the master could seize her wealth whenever he wished, either because it exceeded her installments or because he desired specific items. This would constitute harm to the *Muktubah* that is not intended by the Lawgiver (*Shar'*) and is not implied by the contract of manumission; therefore, it must not be legislated.