Who owns the wealth in the possession of the Mukatab, his future earnings, and any surplus after payment under an invalid Mukatabah?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
According to Al-Qadi and the school of Al-Shafi'i, the wealth in the possession of the Mukatab, his earnings, and any surplus after payment belong to the Mukatab himself. This is because it is a Mukatabah where manumission is achieved by payment, so this ruling is established, just as in a valid Mukatabah.
Supporting text
Al-Khattab asserts that everything belongs to the master in both instances because a slave's earnings belong to the master by default, and the contract here is void, failing to establish the obligation of the consideration, thus failing to transfer ownership of the consideration like other void contracts. Furthermore, the prevailing ruling is that of a mere condition, which does not establish ownership of earnings for the Mukatab.