What is the legal status of a slave who was placed under *Tadbir* by his non-Muslim master, if the slave subsequently embraces Islam?
General Chapter
Al-Mughni
Book of Tadbir (Deferred Emancipation)
Primary text
If the slave under *Tadbir* embraced Islam, the master is commanded to remove the *Tadbir* arrangement and is compelled to do so, to prevent the non-Muslim from retaining ownership over a Muslim. An alternative view, held by Abu Hanifa and one opinion of Al-Shafi'i, suggests that the slave should remain under the care of a trustee (*'adl*) and be maintained from his own earnings. If he has no earnings, his former master is compelled to provide maintenance. This alternative is based on the premise that selling the *mudabbar* (the slave under *Tadbir*) is invalid because it nullifies the cause for manumission and frustrates its intended purpose, making retention the more suitable course, similar to *Umm Walad* (a bondswoman who bore her master children).
Supporting text
If it is ruled that the *Tadbir* can be cancelled upon the slave's conversion, and the sale of the *mudabbar* is deemed permissible, then the *Tadbir* becomes void upon sale. If the alternative view holds, the trustee employs someone to manage the slave and use his earnings for his upkeep, with any surplus going to the former master. If the master fails to provide maintenance, the obligation falls back to the master. If the former master and the slave agree upon a financial settlement (*mukharajah*), it is permissible, and the slave manages his own expenses from the surplus. Upon the master's death, the slave is freed if the value is within the one-third limit (*thuluth*); otherwise, he is freed proportionally, and the remainder is sold to the heirs if they are non-Muslims. If the heirs convert after the master's death, the arrangement stands. If the master revokes the *Tadbir* and revocation is deemed valid, the slave is sold to the master.