Validity of a defective contract of manumission where the compensation involves an unlawful item (e.g., wine or swine).

Primary text

If the parties agreed upon a defective consideration, such as wine or swine, there are three scenarios regarding its validity upon reference to the judge. First, if the exchange of consideration occurred while both parties were non-Muslims (in their state of disbelief), the *Kitabah* is upheld and manumission is established, as what was finalized during disbelief is not invalidated by the judge, regardless of subsequent conversion. Second, if the exchange occurred after both parties embraced Islam, manumission is also established, as a defective *Kitabah* executed post-Islam is treated like a defective *Kitabah* executed under Islamic rule. Third, if the parties refer the matter to the judge before taking possession of the unlawful consideration, or after taking possession of only part of it, the judge shall invalidate and void the *Kitabah* because it is a defective contract that was not perfected by a valid taking possession.