Is the sale or gift of a *Mukatab* (a slave contracted for manumission) by his heirs valid?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The sale or gift of a *Mukatab* by his heirs is valid. The heirs stand in the place of the *Mukatab*, and since the *Mukatab* has the right to sell or gift himself, so too do his heirs. Upon sale or gift, the *Mukatab* remains in his status of manumission with the purchaser or donee. If he is unable to fulfill the remaining payments, he reverts to being a slave to the owner (the heir/beneficiary of the reversion). If he pays the remaining amount and is freed, his loyalty (*Wala'*) belongs to the person to whom he paid the final installment, based on the narration that states his loyalty belongs to the heirs if he pays them.
Supporting text
There is another narration suggesting that the sale or gift by the heirs might not be valid because it implies nullifying the basis for the loyalty (*Wala'*) established for the master who contracted the manumission, a right the heirs do not possess. A third possibility under this alternative narration is that the sale or gift is valid, but the loyalty remains with the original master if the *Mukatab* is freed through that original contract, as the master initiated the contract. This differs from when the original master sells him, as the master invalidates his own right, which the heirs cannot do regarding their inheritable rights.