Under what conditions is a Mukatab freed if he pays only a portion of the remaining redemption price to some heirs?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the Mukatab pays a portion of the debt to some heirs, his liberation is not finalized unless he pays all parties who possess a right. If one heir grants permission for the payment to be made entirely to another heir who is mature (*rashid*), and the Mukatab pays that other heir, the portion corresponding to the first heir's share is paid, and the Mukatab is freed concerning that share. If the one paid is insolvent (*mu'sir*), the freedom does not extend to the share of the other partner. If the one paid is solvent (*musir*), the entire slave is freed, and the remainder of the debt is valued against him, similar to the case where the Mukatab was jointly owned by two partners and one partner freed his share.

Supporting text

Al-Qadi holds that the freedom does not propagate to the partner's share even if the payer is solvent. Abu Hanifa holds that the Mukatab is not freed except upon paying the entire redemption price, analogizing it to paying part of the price to the master.