Is a stipulation on the *Mukatab*'s inheritance invalid if the master requires him to bequeath to the master instead of his heirs, or share their inheritance?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The stipulation requiring the *Mukatab* (manumitted slave contracted for freedom) to will his inheritance to his master, excluding his heirs, or to share in their inheritance, is a void stipulation. This is the position of the general body of scholars, including Al-Hasan, 'Ata', Shurayh, 'Umar ibn 'Abd al-'Aziz, Al-Nakha'i, and Ishaq. This is void because it contradicts the Book of Allah, and any stipulation not found in the Book of Allah is invalid, based on the saying of the Prophet, peace be upon him. A narration involving Shurayh confirms this: when a man stipulated the inheritance of his *Mukatab*, Shurayh ruled that the inheritance belonged to the *Mukatab*'s heirs, stating that the Book of Allah was revealed fifty years before the stipulation. This stipulation does not invalidate the contract of *Kitabah* itself.
Supporting text
Iyas ibn Mu'awiyah permitted stipulating some portion of his inheritance, though the primary ruling holds it invalid.