What is the required specification for a slave stipulated as consideration in a valid writing contract?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 4 · Bab 1

Open in Qurani

Primary text

Those who validated the writing contract using a slave obligated that the slave stipulated must be a medium quality slave, specifically the Sindi (from Sindh), and considered medium in its category, similar to rulings concerning the Mahr (dowry). It is not permissible to stipulate an absolute, unspecified animal other than a slave, nor an unspecified garment or house. This prohibition extends to stipulating a specific garment from one's collection or a specific turban from one's collection, or other indeterminate items. However, if these items are described with the specifications required for a Salaf contract, the contract is valid.

Supporting text

The scholars who permitted writing contracts on slaves include Al-Hasan, Sa'id ibn Al-Musayyib, Al-Nakha'i, Al-Zuhri, Ibn Sirin, Malik, and the Ashab Al-Ra'y (adherents of the opinion of the jurists of Iraq). This ruling is also reported from Abu Barzah and Hafsah, may Allah be pleased with them.