Under what conditions is judicial sequestration (*Hajr*) against a Mukatab valid?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 2 · Bab 1

Open in Qurani

Primary text

Judicial sequestration is valid only upon the request of the creditors. If the judge imposes sequestration without their request, it is invalid because the right belongs to the creditors, and it cannot be satisfied without their consent.

Supporting text

If the master requests sequestration on the Mukatab, the judge shall not grant it because the master's claim (the manumission price) is not yet fully established, thus sequestration cannot be based upon it.