Chapter on the Contract of Manumission (mukataba)

"If you know that they possess wealth." I asked about the verse: 'And give them from the wealth of Allah which He has given you,' (Surah An-Nur 24:33). Imam (as) said: "You reduce for them from their installments what you did not initially intend to reduce, and do not increase it beyond what you originally intended." I asked: "How much?" Imam (as) said: "Abu Ja'far Imam Muhammad ibn Ali Al-Baqir (as), reduced one thousand out of six thousand for one of his slaves."

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 (as) 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."

Hadith.3471 - Imam Jafar ibn Muhammad Al-Sadiq (as) 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 (as) said: "The remaining amount should be paid on his behalf from the charity funds, as Allah (swt), the Mighty and Majestic, says in His (swt) Book: 'and for freeing slaves' (Surah At-Tawbah 9:60)."

Hadith.3472 - Ali ibn Ja'far asked his brother Imam Musa ibn Jafar Al-Kadhim (as), 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 (as) 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."

"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 (as) said: "The wealth is divided equally between the one who freed his share and the one who retained his share."

I asked Abu Abdullah (as), 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 (as), 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 (as), said: "Has Allah (swt), 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 (as) 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 (as) 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 (swt), peace be upon him and his family, say, 'Loyalty (wala) is for the one who emancipates'?" Imam (as) 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 (as) said: "No, that is not permissible. A slave cannot inherit from a free person."

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 (as) 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 (as) said: "He has lied! Indeed, Imam Ali ibn Abi Talib (as) 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."

"Muslims are bound by their conditions."

Hadith.3477 - Imam Jafar ibn Muhammad Al-Sadiq (as) was asked about a mukatab (a slave under a contract of emancipation). Imam (as) said: "What you have stipulated upon him is binding."

Hadith.3478 - Commander of the Faithful Imam Ali ibn Abi Talib (as), 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 (as) 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.

"He should not marry without the master's permission, for they have their condition."

"His son shall pay the remaining amount of the contract, be freed, and inherit what remains."

Hadith.3481 - 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 (as) 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 (swt), the Mighty and Majestic, provides sustenance to His servants through one another. The one who does good is supported."

Hadith.3482 - Imam (as) 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 (as) said: "Yes."

"His masters will take him back as a slave based on their condition."

"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 (as) 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 (as) said: "He may continue based on the initial marriage."

"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 (as) said: "The masters are paid the remaining balance of the contract, and whatever remains belongs to his son."

"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."

I asked Abu Abdullah (as), about a mukatab (a slave under a contract of emancipation) who dies and leaves behind children. Imam (as) 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."

"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 (as) 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."

Hadith.3489 - Imam Ali ibn Abi Talib (as) 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 (as) 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.

slave's inheritance would belong to him (the master). This case was presented to Imam Ali ibn Abi Talib (as) , who invalidated the condition and said: "The condition of Allah (swt) precedes your condition."

"The 'good' refers to bearing witness that there is no god but Allah (swt) and that Muhammad is the Messenger of Allah (swt), and that the slave possesses a skill by which he can earn a livelihood or has a trade."

"They are bound by their conditions." Imam (as) also said: "A mukatab is given a period of three installments. If he fails to make the payments, he is returned to slavery."

Hadith.3493 - He said: I asked him about the saying of Allah (swt), the Mighty and Majestic: "And give them from the wealth of Allah (swt) which He has given you" (Surah An-Nur 24:33). Imam (as) 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."