Is the mortgaging (Rahn) of a Mudabbir (a slave willed to be manumitted upon the master's death) valid?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 1 · Bab 1

Open in Qurani

Primary text

The mortgaging of a Mudabbir is valid, according to the apparent view of the Madhhab. This validity is predicated upon the permissibility of selling the Mudabbir. The rationale is that the contract is intended to satisfy a right from the pledged object, analogous to leaseholding (Ijarah). Furthermore, the condition attached to the manumission of the Mudabbir does not prevent the realization of the right secured by the mortgage, unlike a condition that matures before the debt becomes due. In the case of a Mudabbir, the debt takes precedence over the manumission stipulation, meaning the debt's claim prevents the manumission from taking effect prematurely, thus ensuring the purpose of the mortgage is achieved.

Supporting text

Abu Hanifa and Al-Shafi'i prohibited the mortgaging of a Mudabbir because they considered the manumission contingent upon a condition, drawing an analogy to a condition that would become effective before the debt's due date.