Is the mortgaging of a slave who is obligated to free the mortgagor valid?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 1 · Bab 1

Open in Qurani

Primary text

The mortgaging by a *mukatab* (a slave bound by a contract of emancipation) of someone who would become free upon the *mukatab*'s manumission is invalid. This is because the *mukatab* does not possess ownership over that person, thus lacking the right to sell or mortgage them.

Supporting text

Abu Hanifa permitted this transaction because the person who would become free upon the *mukatab*'s manumission is not included within the terms of the *kitabah* (the contract of manumission) itself.