What is the minimum number of installments required for a valid deferred manumission contract (kitabah)?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 3 · Bab 1

Open in Qurani

Primary text

The minimum requirement is two installments or more. This is the position of Al-Shafi'i. Evidence supports this from the statement of 'Ali, peace be upon him, that the kitabah is over two installments, and the first payment is due from the second installment. Furthermore, 'Uthman, peace be upon him, conditioned the punishment of his slave upon writing the kitabah for two installments, implying it is the minimum permissible standard. The derivation from *barirah*'s case, where she contracted for nine *awāq* paid annually, and the linguistic derivation of 'kitabah' from the concept of joining or combining (dhamma), which implies joining one installment to another, all support the necessity of two installments.

Supporting text

A narration from Ahmad indicates that some hold one installment is permissible, while others hold two, preferring two. This has been interpreted to mean that two is the required standard, or that two is preferable but one installment is permissible. If the entire amount is set in a single installment, it is permissible because the requirement of deferment is met, similar to *salam* which can be for a single period.