Is an enslaved person subject to Tadbir sellable to cover debts?
General Chapter
Al-Mughni
Book of Tadbir (Deferred Emancipation)
Primary text
Imam Malik holds that the Madabbar (one whose freedom is stipulated upon death) cannot be sold unless the debt exceeds the enslaved person's value. Imam Ahmad, however, permits selling the Madabbar for debt, especially if the owner is destitute, citing the precedent where the Prophet (peace be upon him) sold a Madabbar when the owner was needy. This view is held by Ishaq, Abu Ayyub, and Abu Khaythama. A group narrated from Ahmad that selling the Madabbar is permissible absolutely, whether there is need or not. This latter view is considered correct, supported by reports from Aisha, Umar ibn Abd al-Aziz, Tawus, and Mujahid, and is the position of Al-Shafi'i.
Supporting text
Ibn Umar, Sa'id ibn al-Musayyib, Al-Sha'bi, Al-Nakh'i, Ibn Sirin, Al-Zuhri, Al-Thawri, Al-Awza'i, Al-Hasan ibn Salih, the people of opinion (Ashab al-Ra'y), and Malik disliked selling the Madabbar, based on the narration attributed to Ibn Umar that the Prophet (peace be upon him) said, 'The Madabbar is not sold nor bought.' They argue that the Madabbar is entitled to freedom upon the master's death, similar to an Umm Walad (a female slave who bore her master a child).