Is a slave's claim against his master that the master appointed him as *mudabbar* valid?

General Chapter

Al-Mughni

Book of Tadbir (Deferred Emancipation)

Book 67 · Issue 5 · Bab 1

Open in Qurani

Primary text

The claim of the slave that he was appointed as *mudabbar* is valid because he is claiming the right to manumission. The sound position is that the claim is valid because the sound position holds that retraction (*ruju'*) from *tadbir* does not nullify it. If retraction were to nullify it, the denial would need to be established as a retraction, and even if established, denial is not exclusively the answer to the claim, as it could also be an admission.

Supporting text

There is a possibility that the claim is not valid because if the master denies the *tadbir*, it is likened to denying a bequest, and denial of a bequest constitutes retraction in one view, thus making the denial of *tadbir* a retraction that invalidates the claim in one view, causing the claim to be voided.