What is the ruling if some of the contracted slaves die or are manumitted by the master before the *kitabah* is fully paid?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 5 · Bab 1

Open in Qurani

Primary text

If some of the contracted slaves die, the portion of the price corresponding to their share is dropped. Similarly, if some are manumitted by the master, their obligation ceases. This is based on the established position that manumission is contingent upon the payment of the share.

Supporting text

Malik has a narration stating that if the master manumits one of the slaves who is an earner, the manumission is not enforced because it harms the remaining slaves. If the manumitted slave was not an earner, the manumission is enforced due to the absence of harm. This is contingent upon the ruling that no one is freed until the entire *kitabah* amount is paid.