What is the ruling if a master (Sayyid) emancipates his Mukatab through Tadbir (conditional emancipation upon the master's death) while the Mukatab still has outstanding installments?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The Tadbir of a Mukatab is valid. This is established without known dispute because it is a conditional attachment of freedom, and the master possesses the right to grant freedom. If the Mukatab pays the remainder of his Kitabah, he is freed by the fulfillment of the condition, and the Tadbir becomes void because he is now self-sufficient, and the wealth in his possession belongs to him. If he is incapable and the Kitabah is annulled, his contract is voided, and he becomes a Mudabbir (one conditionally freed by Tadbir) who is not a Mukatab. Upon the master's death, he is freed if this amount falls within the bequest limit (one-third), and the wealth in his possession belongs to his master.
Supporting text
If the amount does not fit within the one-third bequest limit, he is freed to the extent of one-third, and the corresponding portion of the Kitabah installments is dropped because the wealth designated for the Kitabah is its compensation. If half of him is freed, half of the Kitabah must be dropped, as the Kitabah remains only for the remaining half, and what is in his possession belongs to him. This is the position of Al-Shafi'i. Our associates (Hanafi school) state that if he is freed via Tadbir, the Kitabah is voided, and what is in his possession belongs to the master, similar to the case where the Kitabah is voided due to inability to pay, because he is a slave freed by Tadbir, making his possession his master's, like a non-Mukatab. The correct position is that his possession remains his, as he was a Mukatab freed from the wealth of the Kitabah, and the wealth in his possession is his, akin to if his master had forgiven the debt upon him. His ownership over what was in his hand was established and not subsequently removed; only the master's ownership over him is removed, leaving his existing property intact, just as if he were freed through payment.