Does a partially freed slave (Mukatab) gain freedom before completing the full stipulated payment for manumission?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The ruling dictates that a slave bound by a contract of manumission (kitabah) does not become free until the entire sum is paid. This position is held by Ahmad, who stated regarding a slave jointly owned by two men with a payment set at one thousand, who paid nine hundred and one owner freed his share: only half the remaining debt prevents full freedom for that share. This view is attributed to Umar, his son, Zayd ibn Thabit, Aisha, Sa'id ibn al-Musayyab, and al-Zuhri. It is also the opinion of al-Qasim, Salim, Sulayman ibn Yasar, 'Ata', Qatadah, al-Thawri, Ibn Shubrumah, Malik, al-Awza'i, al-Shafi'i, Ishaq, and the Companions of Opinion (Ahl al-Ra'y). Evidence for this is the Hadith narrated through Amr ibn Shu'ayb from his father from his grandfather that the Prophet, peace be upon him, said: "Any man who contracts to free his slave for one hundred awqiyyah, and he is unable to pay ten awqiyyah, remains a slave." Another supporting Hadith states: "The Mukatab is a slave as long as one dirham remains due from him," narrated by Abu Dawud. The logic is that the payment is a compensation for the slave, thus freedom cannot be attained before its full completion, similar to the agreed-upon portion. Furthermore, partial manumission would lead to the remainder following suit, as occurs when manumission is directly effected, and freedom is not divisible concerning ownership.
Supporting text
Ali, may Allah be pleased with him, held that the slave is freed proportional to what has been paid. This is based on the Hadith narrated by Ibn Abbas that the Prophet, peace be upon him, said: "If the Mukatab acquires a prescribed punishment (hadd) or inheritance, he inherits according to the proportion of his freedom, and the Mukatab pays the blood money for a free man for the part he has paid, and the blood money for a slave for what remains." This Hadith was graded as Hasan by al-Tirmidhi. A view held by Abu Bakr, al-Qadi, and Abu al-Khattab suggests that if three-quarters of the payment is made and one-quarter remains, the slave is freed because the remaining portion must be returned to the slave, and he should not be reverted to slavery for failing to pay a right that belongs to him, not the master. Abdullah ibn Mas'ud stated that if the slave pays an amount equal to his value, he becomes a debtor (ghareem), a ruling Shurayh enacted. Al-Hasan opined that if the Mukatab defaults, he should be made to work to earn the remainder for two years after default.