Does the Mukatab become free if he pays the installments to the buyer after the invalid sale?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If the Mukatab delivers the installments to the buyer, there are two rulings concerning his freedom. One view states that he becomes free because the sale implies permission for collection, resembling the collection made by an agent. If the Mukatab is deemed free upon payment, he is absolved of the debt of manumission, and the master must return what he received from the buyer, as the master acted as the buyer's representative. If the payment was of the same kind as the purchase price and it was destroyed, a set-off occurs to the lesser value, and the party with the excess has the right of recourse.
Supporting text
The second view maintains that the Mukatab does not become free because he did not authorize the buyer to collect, and the collection was for himself under the ruling of the void sale, thus the collection itself is void. This differs from his authorized agent. If the master explicitly grants permission, he is not appointing the buyer as his agent for collection, but rather his permission stems from the nature of the transaction, making explicit permission the same as implicit permission.