Under what specific conditions may a master refuse to accept early payment for manumission?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 3 · Bab 1

Open in Qurani

Primary text

The obligation of the master to accept early payment is conditional. Acceptance is not required if receiving the payment prematurely involves a recognized harm (Darar) not stipulated in the contract. This occurs if the payment involves items that spoil quickly, such as grapes, fresh dates, or melons, or if the item is perishable, like livestock, where the objective (obtaining the full agreed value) might be lost before the due date. Similarly, if the item depreciates in value between the early payment date and the maturity date, or if it requires storage costs, such as grain or cotton, acceptance is not required due to the resulting expense. Furthermore, if the location where the payment is tendered is dangerous (Makhoof) and prone to robbery, or if delivering it involves a dangerous route or a place detrimental to the recipient, the master is not obligated to accept it, and manumission is not effected by the mere tender.

Supporting text

The soundest position is that if receiving the early payment entails harm not required by the contract, the master is not obliged to accept it, and the *mukatab* does not become free upon its tender, as the reports concerning 'Umar do not necessitate accepting that which causes harm.