Is it permissible to take collateral for the price of manumission of a slave in installments (*mal al-kitabah*)?
Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term
Al-Mughni
Book of Sales
Primary text
It is not permissible to take collateral for the price of manumission (*mal al-kitabah*) because this obligation is not firmly binding; the slave retains the option to default on the agreement. Furthermore, the debt cannot be collected from the collateral, because if the slave defaults, the collateral reverts to the master, as it is considered part of the master's property.
Supporting text
Abu Hanifah holds that it is permissible. The counter-argument is that this security is one from which the right cannot be fully enforced, thus invalidating it, similar to guaranteeing wine.