What is the ruling regarding a Mukatab (indentured servant) who dies without fulfilling the terms of his manumission contract (Kitabah)?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
Upon the death of a Mukatab who has not completed the payment for his freedom, the contract is dissolved according to the established position within the Madhhab, and he dies a slave, with any assets he possesses reverting to his former master. This view is held by the scholars designated for religious rulings (Ahl al-Fatwa) in the major cities. This ruling is based on the consensus regarding the default status upon premature death.
Supporting text
An exception exists according to Abu Bakr, Al-Qadi, and those who concur with them: if the Mukatab had paid three-quarters (three-fourths) of the required payment before death, he dies a free man, based on the implication of their view.