Validity of one master receiving a portion of the Mukatab's earnings without the consent of the other master.
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If one master takes a portion of the earnings without the other master's consent, the taking is invalid, and the second master has the right to claim his share unless he previously authorized the taking. If authorization was given, there are two views. The preferred view is that the taking is valid because the barrier (the co-master's right) is removed by permission, similar to a mortgagor being permitted to act by the mortgagee. The basis for this is that the right belongs to them jointly, and their mutual agreement validates the action.
Supporting text
The opposing view, chosen by Abu Bakr, Al-Qadi, the school of Abu Hanifa, and one opinion of Al-Shafi'i, states that the taking is invalid. This is because the earnings in the Mukatab's possession are his property, and the permission of only one master cannot override the rights of the other master, as the master's right resides in the Mukatab's obligation (dhimmah).