What is the recourse if the claimant pursues the freed slave (Mukatab) for the remaining fifty after the defendant paid his share?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the claimant pursues the slave and takes fifty from him, this is permissible since the slave claims he did not receive his own manumission payment. The slave then has the right to recourse against the one who actually received the fifty, regardless of whether the slave confirmed or denied paying it to the denier, because the payment made was not a valid discharge of debt, constituting negligence on the part of the recipient. The slave is freed upon this payment. If the slave cannot pay, he may claim the fifty from the initial recipient. If that is impossible, the slave may seek incapacitation of the original recipient, the re-enslavement of half his being, and a share in the fifty received by the recipient as compensation for his portion. Recourse against the partner who received the payment is only available if that partner is wealthy, unless the slave affirms that he paid the fifty to his partner, in which case no recourse is made because the slave is admitting he is free, and the re-enslavement of half his being constitutes an injustice against a free person.

Supporting text

If recourse against the initial recipient for the fifty is possible, and the recipient pays it to the defendant (who denied receiving it), there are two differing opinions on whether the defendant can then seek the incapacitation and re-enslavement of half the slave. This depends on the accepted view regarding whether a slave who is capable of paying his debt can incapacitate himself.