What is the ruling on manumission (*itq*) or forgiveness of the *kitabah* debt for a slave who entered into a manumission contract while healthy, if the master dies while ill?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If a master contracts with a slave for manumission (*mukatabah*) while healthy, and then frees him during his terminal illness, or forgives the *kitabah* debt, the manumission takes effect from the estate's third if the lesser of the slave's value or the *kitabah* debt is covered by that third. The value (*qimah*) is considered over the debt if the value is less because the value represents the damage caused by the manumission, whereas the debt is not fully established as the slave can evade payment or cease payment, meaning the master cannot compel payment. If the *kitabah* debt is less than the value, the debt is considered because manumission is achieved through its fulfillment, and the master has no further claim; the master's ownership is weakened, and the debt becomes the substitute.
Supporting text
If both the value and the *kitabah* debt exceed the third of the estate, the lesser of the value or the debt is added to the remaining estate wealth, and the calculation proceeds based on that sum. Two-thirds of the slave is freed, and one-third remains subject to one-third of the *kitabah* debt. If the slave pays the remaining portion, he is fully freed; otherwise, one-third of him reverts to servitude.