Is the slave obligated to accept the manumission contract bequeathed by his master?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 2 · Bab 1

Open in Qurani

Primary text

The consent and agreement of the slave is required for the *kitabah* to be binding, as the contract is not obligatory upon the slave, and he cannot be compelled into it. This contrasts with a bequest for immediate manumission, which takes effect regardless of the slave's choice or consent.

Supporting text

If the slave rejects the bequest for *kitabah*, the bequest becomes void. If he later agrees to it after rejection, the heirs are not obliged to fulfill it because the initial rejection nullified the bequest, equating it to a voided bequest of general wealth. If he does not reject it, the heirs must fulfill the contract.