What is the priority order for a Mukatab's obligations when a judge has ordered sequestration upon the request of creditors?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
When sequestration is enacted upon the creditors' request, the judge rules that the price of sale (*thaman al-mabi'*) and the loan compensation (*iwad qard*) must be paid first, treated equally, and prioritized over the penalty for injury (*arsh al-jinayah*) and the manumission price (*mal al-kitabah*). This ruling is based on the understanding that the penalty for injury pertains to the status of servitude (*raqabah*); if his current assets are insufficient, it is to be exacted from his servitude status later. This is the opinion of Al-Shafi'i. Our associates and Al-Shafi'i agree that the penalty for injury takes precedence over the manumission price, as previously explained.