Is the sale of a *Makatab* (a slave under a manumission contract) permissible?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The sale of a *Makatab* is permissible. This is the view held by Ibn Al-Mundhir, who found no basis for the opinion that it is impermissible and cited the narration of Burayrah (may Allah be pleased with her) being sold while she was a *Makatabah* without the Prophet (peace be upon him) objecting. This indicates the permissibility of his sale, and there is no contradictory narration. Furthermore, the *Makatab* is still considered a slave belonging to his master, as his manumission is not yet definitive, thus his sale is permitted, similar to one whose freedom is suspended upon a specific condition. The evidence supporting his servitude is the Hadith stating, "The *Makatab* is a slave as long as he owes a single dirham."
Supporting text
A second narration from Ahmad, held by Malik, the proponents of *Ra'y* (opinion), and the later view of Al-Shafi'i, states that selling him is impermissible because the contract prevents the realization of his earnings, thus prohibiting his sale, analogous to prohibiting his manumission and sale simultaneously. Al-Zuhri and Abu Al-Zinad, along with a narration from Abu Yusuf, state that his sale is permissible only with his consent and impermissible without it, drawing analogy from the sale of Burayrah, which occurred with her consent.