Is a Mukatab permitted to travel?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 7 · Bab 1

Open in Qurani

Primary text

The Mukatab is in his own custody, and the master merely has a debt upon him, so he is like a free debtor. This position permits travel and is held by Al-Hasan ibn Salih. The apparent statement does not distinguish between long and short travel, but according to the reasoning of the school, the master may prevent him from travel during which installments become due, because it makes it difficult to collect installments on time and to return him to slavery upon his incapacity.

Supporting text

Al-Shafi'i has differing statements. In one place, he permits travel. In another, he does not. Some of his companions say there are two opinions, while others say it depends on different circumstances: short travel is permitted because he is considered present, while long travel is prohibited because it makes collecting installments and returning him to slavery upon incapacity difficult. Al-Shafi'i, Al-Nakha'i, Sa'id ibn Jubayr, Al-Thawri, and Abu Hanifah prevent travel entirely, whether near or far.