When the mukātab defaults, who prevails between the heir (Wārith) demanding immediate enforcement and the legatee demanding postponement?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If the heir wishes to enforce immediate payment (ta'jīz) and the legatee wishes to grant a delay (inẓār), the heir's statement is accepted. This is because the legatee's right pertains to the money while the contract is active, whereas the heir's right is connected to returning the slave to full servitude if payment fails. The legatee cannot nullify the heir's right to enforce immediate payment.
Supporting text
If the heir desires a delay and the legatee desires immediate enforcement, the legatee cannot enforce it, as the right to demand immediate enforcement and termination of the contract belongs solely to the heir. The legatee cannot sell this right either, as his right would be forfeited by such a sale. If the slave defaults, he returns to being the property of the heirs.