What is the ruling on a contract of manumission (Mukatabah) entered into by an apostate master with his slave?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
According to the opinion of Abu Bakr, the contract of manumission is void because the master's ownership ceased due to his apostasy. According to the apparent position of the Madhhab, the contract is suspended (mawquf). If the apostate master repents and embraces Islam, the contract is confirmed as valid. If he is killed or dies while adhering to apostasy, the contract is nullified. If the slave pays the agreed-upon amount while the master is an apostate, the manumission is not legally established immediately but remains suspended. If the master then embraces Islam, the payment is confirmed as having been made to establish his freedom; if the master dies or is killed in apostasy, the payment is void, and the slave remains a slave.
Supporting text
If a Muslim master enters a contract of manumission with his slave who has subsequently apostatized, the contract is valid because the sale of such a slave is permissible. Upon payment, the slave is freed. If the slave embraces Islam, he remains bound by his existing contract of manumission.