If a master stipulates Tadbir for an enslaved person, sells him, and then buys him back, does the Tadbir revert?
General Chapter
Al-Mughni
Book of Tadbir (Deferred Emancipation)
Primary text
The Tadbir reverts because it is a conditioning of manumission upon a specified quality (death). If the master sells the enslaved person and buys him back, the original condition recurs, similar to if he said, 'You are free if you enter the house,' then sold him, and then bought him back. This view aligns with the opinion of Al-Kharqi.
Supporting text
There is a second narration stating that the Tadbir is nullified by the sale because it is considered a bequest (Wasiyyah), and a bequest is voided by sale without reinstatement. This is also the position of Al-Shafi'i, although he has two opinions regarding the return of the condition after repurchase.