What is the ruling on an indentured servant's (*mukatab*) emancipation of his own slave?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The validity of the *mukatab*'s emancipation is contingent upon the fulfillment of his contract of manumission. If the *mukatab* fulfills his contract, the slave he emancipated is freed. If he fails to fulfill the contract, the slave remains in bondage. This is analogous to the legal stance regarding the freeing of the *mukatab*'s relatives (*dhawi al-arham*). However, the stronger position argues that the emancipation attempted by the *mukatab* before his own freedom is void because his ownership is incomplete, and the subsequent completion of his ownership (via fulfilling the contract) does not validate an act that was void at the time of its execution. Furthermore, all of the *mukatab*'s other gratuitous dispositions (*tabarru'at*) by means of his payment are invalid.
Supporting text
A dissenting view suggests that the emancipation is suspended, depending on the final outcome of the *mukatab*'s contract. Another opinion holds that the loyalty (*wala'*) resulting from the emancipation belongs to the master if the emancipation was only validated by the master's permission, as the *mukatab* then acts as an agent for the master. A third view, held by Al-Qadi, states that the loyalty is suspended: if the *mukatab* becomes free, the loyalty accrues to him; otherwise, it accrues to his master, similar to how ownership of slaves inherited through *dhawi al-arham* is handled.