Can a slave enter into a contract of manumission (mukātaba) without the explicit permission of his master?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
Entering into a contract of manumission is not permissible for a slave except with the permission of his master. This position is held by Al-Hasan and Al-Shafi'i. The reasoning is that manumission is a form of manumission (i'tāq), which the slave cannot effect independently, similar to an immediate, unconditional manumission. Furthermore, since the slave does not possess the authority to grant manumission, he lacks the authority to contract for it, analogous to one permitted only to trade. This ruling is established based on established legal principles concerning the capacity of slaves.
Supporting text
The position held by the Qadi and Abu Khuttab, as recorded in 'Ru'ūs Al-Masā'il,' affirms the validity of the contract of manumission. This view is also adopted by Malik, Abu Hanifa, Al-Thawri, and Al-Awza'i, who view the contract as a form of exchange, thereby likening it to a sale. Abu Bakr considered the matter suspended (mawquf), meaning it becomes valid if the master subsequently permits the unconditional manumission, mirroring his view on immediate manumission.