The Purchase of a Mukatab and the Buyer’s Refusal to Continue the Contract of Manumission
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. If a man buys a mukatab slave from his master, and the buyer refuses to continue the mukatab contract, does the slave return to the buyer with the money he paid, and does he take it from his former master?
Answer:
No, the buyer does not have the right to refuse the mukatab. He buys him on the condition that the mukatab contract continues; he does not cancel the mukatab contract. Because this contract preceded his own; it is a contract that existed before his contract, so it is not annulled.
He says: Honorable Shaykh, may Allah grant you success. If a man buys a mukatab slave from his master, and the buyer refuses to continue the mukatab contract, does the slave return to the buyer with the money he paid, and does he take it from his former master?
Answer:
No, the buyer does not have the right to refuse the mukatab. He buys him on the condition that the mukatab contract continues; he does not cancel the mukatab contract. Because this contract preceded his own; it is a contract that existed before his contract, so it is not annulled.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 071-كتاب العتق — archive.org (1:03:13)
The Arabic text is a machine transcription of the audio recording.