Does the Mukatab possess ownership over his earnings in an invalid Mukatabah?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The Mukatab possesses the right to dispose of his earnings because the contract of Mukatabah implies permission for such actions. He is also entitled to receive voluntary charitable donations (Sadaqat and Zakat) because he is a Mukatab who gains manumission through payment, thereby acquiring this right as in a valid Mukatabah.
Supporting text
Al-Khattab holds that earnings and surplus wealth belong to the master in an invalid contract because a slave's earnings belong to the master by default, and the void contract failed to establish the liability for the consideration, thus failing to transfer ownership of the consideration as in other void contracts. Moreover, the prevailing ruling in this invalid contract is that of a mere condition, which does not establish ownership of earnings.