Can a Mukatab (a slave contracted for manumission) dispose of his wealth by consumption or gift?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 1 · Bab 1

Open in Qurani

Primary text

The Mukatab is legally restricted concerning his wealth; he is prohibited from consuming it or gifting it away. This position is held by Al-Hasan, Malik, Al-Thawri, Al-Shafi'i, and the companions of the opinion (Ahl al-Ra'y). The basis for this ruling is that the master's right over the slave has not been completely severed, as the slave might fail to complete the payments and revert to his original status. Furthermore, the purpose of the *kitabah* (contract of manumission) is to achieve freedom upon full payment, and gifting away his wealth would jeopardize this objective. If the master grants permission for such actions, they become permissible.

Supporting text

Abu Hanifa maintains that the Mukatab cannot dispose of his wealth because doing so defeats the intended purpose of the *kitabah*. There is a reported view from Al-Shafi'i that aligns with both opposing opinions on this matter.