Is the pledge of a slave whose manumission is contingent upon a condition that resolves before the debt becomes due valid?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
The pledge of a slave whose manumission is tied to a condition that resolves before the debt is due, such as linking manumission to the sighting of the new moon of Ramadan while the debt is due later, is invalid. This invalidity stems from the impossibility of selling the slave upon the debt's maturity to recover the debt.
Supporting text
If the debt matures before the manumission condition is met, such as the debt maturing at the beginning of Ramadan while manumission is contingent upon the end of Ramadan, the pledge is valid because it is possible to recover the debt from the sale price. If the condition is uncertain, like the arrival of Zayd, the sound principle of the school permits the pledge because the slave is currently eligible to be pledged and can remain so until the debt is recovered from his price, similar to a sick person or a Mudabbar (a slave willed for manumission upon the master's death). This is the position of Abu Hanifa. However, an alternative view suggests the pledge is invalid due to uncertainty (*gharar*), as the slave might be freed before the debt matures. Al-Shafi'is scholars have differing opinions on this matter.