Should the period the *Mukatab* spent under the captivity of non-believers be counted towards his contractual period of service/payment?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
There are two legal opinions regarding whether the time spent captive by non-believers counts toward the *Kitabah* period. The first opinion states it should not count because *Kitabah* implies the ability to work and earn, which was absent during captivity, making it analogous to being imprisoned by the master. Under this view, the time before captivity is counted, and the captivity period is nullified. The second opinion states it should count because it is part of the *Kitabah* duration, elapsed without fault of the master, similar to illness, or because he is a debtor whose time elapsed while detained for his debt, like other debtors.
Supporting text
Based on the second opinion, if a payment date (*najm*) becomes due upon his rescue, the master may demand it. If a due date passes for which non-payment allows revocation, the master may revoke the manumission and return him to slavery. Whether this revocation occurs by the master's unilateral action or by judicial decree is subject to two views. If revoked, and the *Mukatab* later proves he possessed the means to pay at the time of revocation, the revocation is void; however, it is also suggested it is not void unless it is proven he could have actually performed the payment, as inability to pay renders possession equivalent to non-possession.