himself, just as if a man said to a slave in someone else's possession: "This one is free." If the person in whose possession the slave is denies that, his statement is not accepted against him, but if he transfers to him by any cause, his freedom becomes binding upon him. If he absolves him of the wealth of the Kitaba (13), it is not mandatory for him to take possession of it, because no right remains for him against him. If he neither absolves him nor takes possession of it, he may pay that to the judge and demand that he take possession of it; the judge then acts as a substitute in taking possession of it on his behalf, and the slave is emancipated, as we have narrated from 'Umar and 'Uthman regarding their taking possession of the wealth of the Kitaba when the master of the mukatab refrained from accepting it.

Section: If he contracts him (Kitaba) for a [specific] type, it is not mandatory for him to accept a different one. If he contracts him for dinars, it is not mandatory for him to accept dirhams or goods (ard), and if he contracts him for dirhams, it is not mandatory for him to take dinars or goods. If he contracts him for a described item, it is not mandatory for him to take another. If he contracts him for currency and he gives him something of the same type that is better, and it circulates in the same places where the currency he contracted him for circulates, he is obligated to take it, because he has increased his wealth with something better. If it does not circulate in some of the lands where that which he contracted him for circulates, he is not mandatory to accept it, because he suffers harm in doing so.

The Second Section: If he possesses what he is to pay, the correct view is that he is not emancipated until he pays. This is narrated from 'Umar, his son, Zayd, and 'A'isha, may Allah be pleased with them, for they said: "The mukatab is a slave as long as a dirham (14) remains [to be paid] by him." This is the view of the majority of scholars. There is another narration from Ahmad, may Allah be pleased with him, that if he possesses what he is to pay, he is emancipated, because of what Sa'id narrated, saying (15): Sufyan related to us, from al-Zuhri, from Nabhan, the freedman of Umm Salama, from Umm Salama, that the Prophet, peace and blessings of Allah be upon him, said: "If one of you has a mukatab and he possesses what is to be paid, then let her veil herself from him." Abu Dawud, Ibn Majah, and al-Tirmidhi (16) narrated it, and said: A hasan sahih (good and authentic) hadith. He ordered them to veil themselves upon his mere possession of what is to be paid, and because he is an owner of the full payment of the Kitaba wealth, he is like one who has already paid it. According to this narration, he becomes free by the possession of the full amount; so whenever he refuses to pay, the judge shall compel him to do so. And if what is in his hands perishes (17) before the payment,