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And those who seek a contract [for freedom] - contract with them if you know good in them
Slave buying freedom
**Linguistic Meaning:** Al-Kitaba and al-Mukataba: derived from 'kataba' meaning 'to obligate' or 'to bind'. **Technical Definition:** It is the slave freeing himself from his master for money that he will pay in installments. **Al-Mukatab:** (with fatha on ta') The slave whose freedom is contingent on paying money to his master. (With kasra) The one who performs it. It is called 'kitaba' because the slave binds himself to pay the sum, and the master binds himself to free upon payment. --- **Ruling & Evidence:** The kitaba contract is permissible and recommended if requested by a truthful, earning slave capable of paying the amount stipulated by his master. **Evidence:** Allah says: "And those who seek a contract [for freedom] from among those whom your right hands possess - contract with them if you know good in them" [An-Nur: 33] --- **Rulings of the Mukatab:** **1.** The slave or female slave becomes free once they pay the agreed sum. - **Evidence:** The Prophet ﷺ said: "The mukatab is a slave as long as a single dirham of his kitaba remains" [Abu Dawud, Tirmidhi - hasan] - Implication: Once he pays, he is no longer a slave. **2.** The slave is not freed until he pays the entire kitaba amount. **3.** The wala' (patronage) of the mukatab belongs to his master when he pays. - **Evidence:** The Prophet ﷺ said: "The wala' belongs to the one who frees" [Bukhari & Muslim] **4.** The master should reduce something from the agreed amount. - **Evidence:** Allah says: "and give them from the wealth of Allah which He has given you" [An-Nur: 33] - Ibn Abbas رضي الله عنهما said regarding this verse: "Reduce from their kitaba." - The master may choose between reducing, taking then returning, or giving directly. **5.** The payment should be in installments - at least two installments, with known times and amounts. **6.** The mukatab may not marry without his master's permission. - **Evidence:** The Prophet ﷺ said: "Any slave who marries without his master's permission is a fornicator" [Abu Dawud, Tirmidhi - hasan] - He may not take a concubine without permission either. **7.** It is permissible to sell the mukatab, and the kitaba remains with the buyer. If he pays, he is freed, and his wala' goes to whoever frees him. - **Evidence:** The Prophet ﷺ said to Aisha regarding Barirah: "Buy her and free her... for the wala' belongs to the one who frees" [Bukhari & Muslim]