Does the master's forgiveness of the redemption debt release the Mukatab?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the master entirely forgives the redemption debt, the Mukatab is freed. If only some heirs forgive their shares, the Mukatab is freed to the extent of those shares. Similarly, if some heirs manumit their share of the Mukatab, he is freed for that portion. This follows the principle that forgiving a right entails granting freedom, just as if the entire debt owed to the deceased master was forgiven.

Supporting text

The freedom of a portion propagates when one solvent, competent heir frees his share, analogous to freeing part of a jointly owned slave, because this act of freedom removes a definite state of servitude, meaning it is more likely to remove the contingent status of contractual bondage.