The validity of purchasing a relative who would be freed upon the purchaser's manumission without the master's permission.
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
It is valid for one to purchase a relative who would become free upon his own manumission from his kin without the permission of his master. This is the opinion of Al-Thawri, Ishaq, and the People of Opinion (Ahl al-Ra'y). The basis for this validity is that the purchase involves no harm; it is permissible to purchase a slave, just as a non-related person may do. Evidence supporting this is that the purchaser acquires their earnings, and should they fail to complete their payments, they become slaves to the purchaser's master. Furthermore, others can validly purchase them, hence the purchaser can validly do so, unlike a gift, which relinquishes wealth without compensation and benefits neither the Mukatab nor the master.
Supporting text
Al-Shafi'i holds that it is invalid because it is a disposition resulting in the depletion of his wealth, exchanging what he can dispose of for what he cannot, resembling a gift. If the master permits it, some scholars hold it is valid unanimously, which is the position of Malik, as the prohibition is for the master's right, which is removed by permission. Others hold there are two opinions.