Is a marriage contracted between a master and his female *mukatabah* (indentured servant) dissolved upon the master's death if she is among his heirs?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The marriage is dissolved upon the master's death if the *mukatabah* is one of his heirs. This is the opinion held by Al-Shafi'i. The reasoning is that the *mukatabah* is still a slave, and her inheriting the master means she obtains ownership over a portion of the slave herself, which invalidates the marriage because the contract cannot be partially nullified. If she inherits a part, the marriage is invalidated in its entirety because marriage cannot be fractionalized. This ruling applies similarly if she inherits any portion of the slave or purchases a part of him. Furthermore, since she could not initiate marriage with him due to his status as property, the renewal of that property status through inheritance must dissolve the marriage, similar to a full slave (*qinn*). The *wala'* (right of inheritance/allegiance upon manumission) belongs to the deceased master because the cause for manumission originated with him.
Supporting text
Abu Hanifa holds that the marriage is not dissolved because she does not inherit the master directly, but rather gains ownership of her share of the debt owed. Evidence cited is that if an heir absolves the *mukatabah* of the debt, she is freed, and the *wala'* goes to the deceased, not the heir. However, if she becomes incapable and reverts to being a slave, the marriage dissolves because she then regains full ownership over herself from him.