What is the required timing for the stipulated monetary payment (Dinar) in a Mukataba contract?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The stipulated Dinar must be deferred (Mu’ajjal). Deferment is a condition in the Mukataba contract. If the due date for the Dinar is set for a day or more after the specified service period ends, the contract remains valid without known disagreement. If the due date is set during the service period or after it concludes, the contract is also valid. This is the opinion held by some of Imam Al-Shafi'i's companions.
Supporting text
The judge (Al-Qadi) ruled that setting the due date within the service period is invalid because it results in a single installment (Najm Wahid), which is impermissible as the entirety of the service is not rendered at the time of the due payment; only a small portion near that time is rendered, while the rest is rendered throughout the duration. The service acts as compensation earned at the beginning of its duration, thus its full compensation becomes due upon contracting. Therefore, the timing of the service (the location of the service) should not coincide with the timing of the Dinar payment. Payment being due immediately (Hal) is only permissible because prohibition of immediate payment in other instances is due to the inability to perform the service immediately, which is not the case with service itself.