Is it permissible for a guardian of an orphan to enter into a contract of manumission (kitabah) or free a slave belonging to the orphan in exchange for money?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
It is permissible for the guardian of an orphan to contract manumission (kitabah) or free an orphan's slave for a price, provided there is a benefit (hath) for the orphan in the transaction. For example, if the slave's value is one thousand, the guardian may contract manumission for two thousand or free him for two thousand. If there is no benefit, the transaction is invalid. The basis for this ruling is that it is a form of exchange where the orphan gains a benefit, thus allowing the guardian to finalize the transaction, similar to a sale. The fact that the manumission is conditional (ta'liq) does not invalidate it, as long as the orphan benefits. This is distinguished from cases where there is no benefit, which are prohibited due to the lack of advantage.
Supporting text
Malik and Abu Hanifa rule that manumission for money is impermissible because manumission linked to a condition (ta'liq) is not something the guardian has the authority to finalize, similar to conditioning it on entering a house. Al-Shafi'i rules that neither contract manumission nor immediate manumission for compensation is permissible because the primary purpose is manumission itself, not monetary exchange, similar to manumission without compensation.