What is the ruling if the consideration received by the slave in a Kitabah contract for specified goods is found to be defective after receipt?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If the slave receives specified goods as consideration and discovers a defect after possession, the manumission becomes definitive if the slave willingly accepts the defective item and retains it. The acceptance of the defective item is deemed as the slave's consent to waive his right regarding the deficiency, analogous to him forgiving the remaining debt for the Kitabah. Alternatively, the slave may choose to keep the item and take the monetary compensation for the defect (Arsh), or return the item entirely.
Supporting text
The opinion derived from the school of Imam Ahmad states that the manumission is not invalidated, the slave cannot return the item, but he is entitled to the monetary compensation for the defect (Arsh). This is because manumission is an act of termination and consumption; once decreed, it is not voided, similar to Khul' (redemption from marriage). Furthermore, since the primary goal is not the money, it resembles Khul'. A contrary view suggests that the slave has the right to return the defective item, leading to the annulment of the finalized manumission, because the realization of manumission depended on the complete fulfillment of the payment, which is now invalidated. This view aligns with the position of Imam Ash-Shafi'i, viewing Kitabah as a commutative contract subject to annulment due to defect, just like a sale.