What is the ruling if the consideration (Aiwad) paid in a deed of manumission by installments (Kitabah) is found to be rightfully claimed by another party?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If the consideration paid in the Kitabah is found to be rightfully claimed by another, the manumission is voided, and the payment is considered as if it were never made because the obligation was not fulfilled. If the master stipulates that payment must be made immediately or the Kitabah contract is annulled, and the slave dies after payment, he dies a slave. This is based on the principle that the obligation of payment must be satisfied for the manumission to finalize.
Supporting text
If the slave pays the consideration and the payment is found to be rightfully claimed by another, and the master subsequently declares the slave free, the slave is not freed. This is because the declaration is an affirmation of a consequence of the payment, and if the payment itself is nullified, the consequence does not materialize. If the slave claims the master intended manumission and the master denies it, the master's statement is accepted with his oath, as the apparent meaning supports him and he is judged based on what is explicitly stated.