Can a Mukatab (contracted slave) ransom his son, relative, or a child born from his female slave after they commit a crime resulting in a financial penalty (arsh)?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The Mukatab possesses the right to ransom his son, relative, or a child born from his female slave, who have incurred a financial penalty, without the permission of his master. This right is established because the slave who committed the crime is subject to the master's ownership, and the right to ransom belongs to the Mukatab just as it does for his other slaves. Furthermore, the earnings of the culpable slave belong to the Mukatab; if the slave has earnings, the ransom should be paid from them. If the slave has no earnings, the slave is sold to cover the penalty if the penalty equals the slave's value, or a portion is sold, with the remainder belonging to the Mukatab. If the issue is debated between benefit and the absence of harm, the action should not be prevented. Moreover, if this act prevents the completion of the contract of manumission (kitaba), this is not prohibited, as completing the kitaba is not strictly obligatory, similar to leaving available earnings or refusing payment when capable.
Supporting text
The opinion of Al-Qadi in Al-Mujarrad, which aligns with the Madhhab of Al-Shafi'i, holds that the Mukatab cannot ransom them without the master's permission. This is because ransoming them constitutes a destruction of the master's potential property, as relatives are not considered property. They argue that the Mukatab has no authority over them, and thus he cannot expend his wealth on their behalf. They differentiate this from ransoming a foreign slave, where the Mukatab gains benefit and can use the slave's work for his own manumission contract.