Is the Mukataba of a slave who lacks earning capacity or wealth discouraged?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
There is a difference of opinion regarding the discouragement of granting Mukataba to one lacking means of earning or wealth. According to the apparent view from Ahmad's statement, it is discouraged. This view is also held by Ibn 'Umar, Masruq, and Al-Awza'i. If the slave cannot support himself and lacks someone to support him after gaining freedom, his Mukataba is disliked. However, if he finds someone to cover his necessities, it is not disliked because the benefit of freedom is achieved without harm.
Supporting text
Another narration from Ahmad, supported by Al-Shafi'i, Ishaq, and Ibn al-Mundhir, holds that it is not disliked. They cite the example of Juwayriyya bint al-Harith, whom Thabit ibn Qays manumitted through a contract, and the Prophet (peace be upon him) assisted her and subsequently married her. They also cite Burayra, who entered into a contract despite having no trade, and the Prophet did not object. The latter argument suggests that the contract itself is permissible, and the dispute is only over whether it is discouraged.