Can a Mukatab (manumitted slave under contract) prioritize payment when multiple debts and the manumission price are due simultaneously?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a Mukatab possesses wealth that covers the cost of his manumission (*mal al-kitabah*), the penalty for injury (*arsh jinayah*), and other debts like the price of a sale or a loan compensation, he may pay any obligation first, similar to a free person. If all debts are immediately due and the judge has not legally sequestered his assets upon the creditors' request, prioritizing one debt over others is valid, like for a free person.

Supporting text

If there are deferred debts, accelerating their payment without the master's permission is invalid because acceleration constitutes a gratuitous act, which is impermissible without the master's leave, similar to a gift. Acceleration with the master's permission is valid, akin to a gift. If the acceleration is for the master, his acceptance serves as his permission.