Does stipulating an invalid condition invalidate the entire contract of emancipation (*kitabah*)?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The contract of emancipation (*kitabah*) does not become void due to a condition stipulating that the *wala'* belongs to someone other than the emancipator. This ruling is explicitly stated by Imam Ahmad. The evidence is the narration of Barirah, where the Prophet commanded her purchase despite the stated condition concerning the *wala'*, indicating that the existence of the condition is like its absence and does not transfer the *wala'*.
Supporting text
Al-Shafi'i holds that the contract is invalidated by such a condition, equating it to stipulating an unknown compensation (*'iwad*).