Is the mutual manumission contract (Kitabah) valid when the slave belongs to two masters who contract separately or jointly?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The contract of manumission (Kitabah) is valid if two masters jointly agree to free their jointly-owned slave, regardless of whether they agree on equal or differing compensation amounts, or if the shares of compensation differ, or if the contract occurs in one agreement or two. This position is held by Abu Hanifa. The validity rests on the principle that each master is contracting regarding their own share, which is a commutative contract, thus allowing for differences in compensation, similar to a sale.
Supporting text
The text refutes the contention that differing compensation leads to one master unfairly benefiting from the other's property, arguing such benefit only occurs upon the slave's inability to pay, which is external to the contract's primary intent. If the slave cannot pay, the freed portion is divided according to their shares of ownership, and upon the final manumission, the previous arrangement is treated as if it never occurred.