What is the status of the *Kitabah* contract if the *Mukatab* is taken captive by non-believers?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 4 · Bab 1

Open in Qurani

Primary text

If non-believers capture a *Mukatab*, and Muslims subsequently ransom him, the *Kitabah* contract remains in force. If he is taken as spoils of war (*ghanimah*) and his status is known, or if his master recovers him before distribution, the master reclaims him without compensation, and he remains under his *Kitabah* as if he were never captured. If he is distributed before the master reclaims him, or if a Muslim purchases him from the spoils or from the disbelievers and returns him to his master, the master has the right to him by reimbursing the purchase price. In the case where he becomes spoils and is distributed, there is another narration stating the master has no right to him without payment. In all scenarios, if the master reclaims him, the remainder of his *Kitabah* is maintained, and his *Wala'* (patronage) belongs to whomever he completes the payment to.

Supporting text

Abu Hanifa and Al-Shafi'i maintain that the ownership of the disbelievers over him is invalid, and he must be returned to his master in all cases. Al-Shafi'i agrees with Abu Hanifa concerning the *Mukatab* and the *Muddabbar* because they cannot be sold or transferred according to them, resembling the *Umm Walad* (mother of the child).