The status of relatives purchased by a Mukatab upon the purchaser's ownership.
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
They are not freed merely by the Mukatab owning them, because if the Mukatab directly manumitted them or manumitted others, the manumission would not take effect, thus it does not take effect through the purchase which substitutes for direct manumission. The Mukatab cannot sell them, gift them, or transfer them out of his ownership. When the Mukatab fulfills his payments while they are under his ownership, they are freed because his ownership over them becomes complete, and the master's claim upon them ceases. Their Wala' (allegiance) belongs to the Mukatab, not his master, as they are freed after the master's ownership is removed from them, resembling a situation where he purchased them after his own freedom. If the Mukatab defaults and they revert to slavery, they become slaves to the master, as they originated from the master's wealth.
Supporting text
The People of Opinion state that he can sell those who are not the offspring or parents, as their kinship is neither that of freedom nor agnatic support, making them like strangers. We argue that since they are kin who would be freed upon the purchaser's manumission, their sale is impermissible, like parents and offspring. Furthermore, he cannot sell them if he were free, thus he cannot as a Mukatab, similar to his parents. They are considered parts of him, so he cannot sell them, like his hand. The People of Opinion state that they continue their installments upon failure to pay, as do his Umm Walad (concubine with a child by him).