What is the ruling if a seller fails to disclose to the buyer that the slave is a Mukatab?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If the seller does not inform the buyer that the slave is a Mukatab, the buyer has the choice to either rescind the sale and return the purchase price or keep the slave and take the difference in value (Arsh). This is because the status of being a Mukatab constitutes a defect (*'ayb*), as the buyer cannot fully possess him, is not entitled to his earnings, cannot utilize him for service, and cannot have sexual relations if the slave is a female (*amah*). The buyer is given the choice between rescinding the contract and recovering the price, or retaining the slave and receiving compensation equal to the difference between the price of a non-Mukatab slave and the price of a Mukatab slave.
Supporting text
The rescission is not based on the invalidity of the sale, as the contract of Mukatabah is binding and is not nullified by the sale of the slave, similar to a lease or marriage contract. The Mukatab remains a Mukatab under the new owner, continuing his installments toward the remaining fixed payments (Nujoom) to the buyer as he did to the seller. If he defaults, he remains the slave of the buyer.