Validity of Kitabah when the slave converts to Islam while the master remains a non-Muslim.
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If the master's slave converts to Islam, the master cannot enter into a *Kitabah* with him after the slave's conversion, because the master is obligated to remove his ownership, and the *Kitabah* does not fully remove ownership as long as a single dirham remains due; the *Katib* (the contracted slave) remains a slave until the remaining debt is paid.
Supporting text
The view of Al-Qadi permits the *Kitabah* in this instance, reasoning that it removes the slave from the master's disposition. If the slave cannot pay, he reverts to being a chattel slave, and the master is then compelled to remove his ownership interest.