Chapter on the Contract of Manumission (Mukataba)

Amr ibn Shimr narrated from Jabir, from Abu Ja'far Imam Muhammad ibn Ali Al-Baqir عليه السلام, who said: I asked him about a mukatab (a slave under a contract of emancipation) who had a condition stipulated that if he failed to make payments, he would return to slavery. What if he failed before paying anything? Imam عليه السلام said: "He does not return to slavery until three years have passed. Whatever portion he has already paid counts toward his emancipation. If he has made partial payments, they cannot return him to slavery."

Imam Jafar ibn Muhammad Al-Sadiq عليه السلام was asked about a mukatab (a slave under a contract of emancipation) who was unable to complete the payments of his contract, although he had already paid part of it. Imam عليه السلام said: "The remaining amount should be paid on his behalf from the charity funds, as Allah سبحانه وتعالى, the Mighty and Majestic, says in His سبحانه وتعالى Book: 'and for freeing slaves' (Surah At-Tawbah 9:60)."

Ali ibn Ja'far asked his brother Imam Musa ibn Jafar Al-Kadhim عليه السلام, about a man who entered into a mukataba (a contract of emancipation) with his slave. After the contract, the slave said: "Forgive me part of my payments, and I will pay off the remainder early." Imam عليه السلام said: "If it is given as a gift, then there is no harm. But if he says, 'Reduce my payment in exchange for early payment,' then it is not permissible."

Ammar ibn Musa al-Sabati narrated from Abu Abdullah عليه السلام, regarding a mukatab (slave undera contract of emancipation) jointly owned by two partners, and one of them freed his share. Imam عليه السلام said: "The slave serves the second partner one day and serves himself one day." I asked: "What if the slave dies and leaves behind wealth?" Imam عليه السلام said: "The wealth is divided equally between the one who freed his share and the one who retained his share."

Ibn Mahbub narrated from Umar ibn Yazid, who said: I asked Abu Abdullah عليه السلام, about a man who wanted to free his slave. The master had been taking an annual payment (tribute) from the slave and was satisfied with this arrangement. Meanwhile, the slave earned wealth from trade, in addition to paying the required tribute to his master. Abu Abdullah عليه السلام, said: "If the slave has paid his master what was required, then whatever he earns after fulfilling this obligation belongs to the slave." Then Abu Abdullah عليه السلام, said: "Has Allah سبحانه وتعالى, the Mighty and Majestic, not prescribed obligations upon His servants? Once they fulfill them, He does not ask them about anything beyond those obligations." I asked: "Can the slave give charity from what he earned and be freed after fulfilling his obligation to his master?" Imam عليه السلام said: "Yes, and he will be rewarded for it." I asked: "If the slave frees another slave from what he earned beyond the obligation, to whom does the loyalty (wala) of the freed slave belong?" Imam عليه السلام said: "He may choose to align himself with whomever he wishes. If the person guarantees his liability and responsibility, then that person becomes his master and inherits from him." I asked: "Did not the Messenger of Allah سبحانه وتعالى, peace be upon him and his family, say, 'Loyalty (wala) is for the one who emancipates'?" Imam عليه السلام said: "This case involves a sa'ibah (freed without specific allegiance), and his loyalty cannot belong to another slave like him." I asked: "If the slave who freed him guarantees his liability and responsibility, does it bind him, and does he then become his master and inherit from him?" Imam عليه السلام said: "No, that is not permissible. A slave cannot inherit from a free person."

Aban narrated from Abu al-Abbas, from Abu Abdullah عليه السلام, who said: I asked him about a man who said: "My slave is free, but he must work for me for such-and-such a number of years." Imam عليه السلام said: "He is free, but he is obligated to fulfill the work." I said: "Ibn Abi Layla claims that he is free and is not obligated to do anything." Imam عليه السلام said: "He has lied! Indeed, Imam Ali ibn Abi Talib عليه السلام freed Abu Nayzar, 'Iyad, and Riah, while requiring them to work for such-and-such a number of years. They were provided with their sustenance and clothing in a reasonable manner during those years."

Al-Qasim ibn Burayd narrated from Muhammad ibn Muslim, from Abu Ja'far Imam Muhammad ibn Ali Al-Baqir عليه السلام, regarding a mukatab (a slave under a contract of emancipation) who had a condition stipulated that if he failed to fulfill the contract, he would return to slavery. Imam عليه السلام said: "Muslims are bound by their conditions."

Imam Jafar ibn Muhammad Al-Sadiq عليه السلام was asked about a mukatab (a slave under a contract of emancipation). Imam عليه السلام said: "What you have stipulated upon him is binding."

Commander of the Faithful Imam Ali ibn Abi Talib عليه السلام, ruled regarding a mukatabah (a female slave under a contract of emancipation) who passed away after having paid most of what was required of her and had given birth to a child during her contract. Imam عليه السلام ruled that the child should be freed in proportion to the part of the mother that had been freed and remain in bondage in proportion to the part of the mother that was still in bondage.

Hammad narrated from al-Halabi, from Abu Abdullah عليه السلام, regarding a mukatab (a slave under a contract of emancipation) whose master stipulated that he should not marry without the master's permission until he fulfills his contract. Imam عليه السلام said: "He should not marry without the master's permission, for they have their condition."

Jamil ibn Darraj narrated from Abu Abdullah عليه السلام, regarding a mukatab (a slave under a contract of emancipation) who dies after having paid part of his contract. He had a son from his bondwoman and left behind wealth. Imam عليه السلام said: "His son shall pay the remaining amount of the contract, be freed, and inherit what remains."

Sama'ah asked him about a slave whose master enters into a mukataba (a contract of emancipation) with him, knowing that the slave possesses neither a little nor much wealth. Imam عليه السلام said: "Let him enter into the mukataba, even if the slave has to ask others for help. The lack of wealth should not prevent the contract, for Allah سبحانه وتعالى, the Mighty and Majestic, provides sustenance to His servants through one another. The one who does good is supported."

Imam عليه السلام was asked about a man who owned a slave, and the slave requested a mukataba (a contract of emancipation). Is the master allowed to set the terms of the mukataba at a high price? Imam عليه السلام said: "Yes."

Hammad narrated from al-Halabi, from Abu Abdullah عليه السلام, regarding a mukatab (a slave under a contract of emancipation) who enters into the contract with his masters, and they stipulate that if he fails to complete the payments, he will return to slavery, and whatever they have already received from him will remain theirs. Imam عليه السلام said: "His masters will take him back as a slave based on their condition."

Mu'awiyah ibn Wahb narrated from Abu Abdullah عليه السلام, regarding a mukatab (a slave under a contract of emancipation) who entered into the contract on behalf of himself and his wealth. He had a female slave and was under a condition that he should not marry. He then freed the female slave and married her. Imam عليه السلام said: "He is not allowed to make changes to his wealth except for basic sustenance, and his marriage is invalid and rejected." It was asked: "What if his master knew about the marriage and remained silent without objecting?" Imam عليه السلام said: "If the master remained silent after knowing, then he has approved it." It was further asked: "If the mukatab was later emancipated, should he renew the marriage contract or continue based on the initial contract?" Imam عليه السلام said: "He may continue based on the initial marriage."

Ali ibn al-Nu'man narrated from Abu al-Sabbah, from Abu Abdullah عليه السلام, regarding a mukatab (a slave under a contract of emancipation) who pays half of his contract and still owes the remaining half. Then he offers his masters the remaining amount as a lump sum payment. Imam عليه السلام said: "They may take the remaining amount, and he becomes free." And regarding a mukatab who pays part of his contract, then dies, leaving behind a son and wealth greater than the amount owed for his contract: Imam عليه السلام said: "The masters are paid the remaining balance of the contract, and whatever remains belongs to his son."

Ibn Abi Umayr narrated from Abdullah ibn Sinan, from Abu Abdullah عليه السلام, regarding a mukatab (a slave under a contract of emancipation) who dies after having paid part of his contract and has a son from his bondwoman. Imam عليه السلام said: "If it was stipulated in the contract that if he fails to complete the payments, he would return to slavery, then his son and the bondwoman also return to slavery. However, if no such condition was stipulated, then his son must pay the remaining balance of the contract and inherit whatever remains."

Jamil ibn Darraj narrated from Mihzam, who said: I asked Abu Abdullah عليه السلام, about a mukatab (a slave under a contract of emancipation) who dies and leaves behind children. Imam عليه السلام said: "If it was stipulated in the contract that failure to complete the payments would result in returning to slavery, then his children are slaves. However, if no such condition was stipulated, then his children must work to pay off their father's contract, and they will be freed once they complete the payments."

Muhammad ibn Qays narrated from Abu Ja'far Imam Muhammad ibn Ali Al-Baqir عليه السلام, who said: "If a mukatab (a slave under a contract of emancipation) stipulates with his master that there will be no wala' (loyalty) upon him, or if the master stipulates that the wala' of the mukatab will belong to him and the mukatab agrees, then the wala' belongs to the master." Imam عليه السلام said: "Commander of the Faithful, peace be upon him, ruled regarding a mukatab who had a condition in his contract that his wala' would belong to his master upon his emancipation. The mukatab married a bondwoman belonging to another man, and she bore him a child. The child was then freed. Later, the mukatab died, and his child inherited from him. There was a dispute regarding who would inherit from the child. Commander of the Faithful, peace be upon him, ruled that the child should be affiliated with the master of his father."

Imam Ali ibn Abi Talib عليه السلام ruled regarding a mukatabah (a female slave under a contract of emancipation) who passed away after having paid most of what was required of her and had given birth to a child during her contract. Imam Ali ibn Abi Talib عليه السلام ruled that the child would be freed in proportion to the part of the mother that had been freed and would remain in bondage in proportion to the part of the mother that remained in bondage.

Umar, the companion of al-Karabis, narrated from Abu Abdullah عليه السلام, regarding a man who entered into a mukataba (a contract of emancipation) with his slave and stipulated that the slave's inheritance would belong to him (the master). This case was presented to Imam Ali ibn Abi Talib عليه السلام, who invalidated the condition and said: "The condition of Allah سبحانه وتعالى precedes your condition."

Al-Ala' narrated from Muhammad ibn Muslim, from Abu Abdullah عليه السلام, regarding the saying of Allah سبحانه وتعالى, the Mighty and Majestic: "Then write [a contract of emancipation] for them if you know any good in them" (Surah An-Nur 24:33). Imam عليه السلام said: "The 'good' refers to bearing witness that there is no god but Allah سبحانه وتعالى and that Muhammad is the Messenger of Allah سبحانه وتعالى, and that the slave possesses a skill by which he can earn a livelihood or has a trade."

It is narrated from Al-Qasim ibn Sulayman, from Abu Abdullah عليه السلام: Imam Ali ibn Abi Talib عليه السلام used to allow a mukatab (a slave under a contract of emancipation) to continue working to pay off his contract, because at that time they did not stipulate that if he failed, he would return to slavery. Abu Abdullah عليه السلام, said: "They are bound by their conditions." Imam عليه السلام also said: "A mukatab is given a period of three installments. If he fails to make the payments, he is returned to slavery."

He said: I asked him about the saying of Allah سبحانه وتعالى, the Mighty and Majestic: "And give them from the wealth of Allah سبحانه وتعالى which He has given you" (Surah An-Nur 24:33). Imam عليه السلام said: I heard my father, peace be upon him, say: "He should not set the amount for the mukataba (contract of emancipation) and then increase it, only to reduce it later. Rather, he should reduce the amount from what he initially intended to stipulate in the contract."