he died as a slave, the kitaba is annulled by his death, and what was in his possession belongs to his master. If we say: he attained freedom by possessing what is to be paid, then he died a free man, and upon him for his master is the remainder of his kitaba, because it is a debt he owes him, and the remainder belongs to his heirs. Al-Qadi said: The more correct view is that the kitaba is annulled by his death, and he dies a slave, and what is in his possession belongs to his master. This was narrated by al-Athram with his chain of narration from Umar and Zayd and al-Zuhri (1). This is also the opinion of Ibrahim, Umar ibn Abd al-Aziz, Qatada, and al-Shafi'i; for the reasons we mentioned regarding the preceding issue, and because he died before performing the kitaba wealth, so it is necessary that it be annulled, just as if he had no wealth. Moreover, it is an emancipation suspended upon an absolute condition, which is severed by death, just as if one said: If (2) you pay me a thousand, you are free. The second narration is that he becomes free and dies a free man, and his master has the remainder of his kitaba, while what is surplus belongs to his heirs. This has been narrated from Ali, Ibn Mas'ud, and Mu'awiyah (3). This is the opinion of 'Ata', al-Hasan, Tawus, Shurayh, al-Nakha'i, al-Thawri, al-Hasan ibn Salih, Malik, Ishaq, and the People of Reason (Ashab al-Ra'y), except that Abu Hanifah said: He is free during the last portion of his life. This is the opinion of al-Qadi. The basis for this narration is what we previously presented (4) in the issue before this, and because it is a commutative contract that is not annulled by the death of one of the two contracting parties, so it is not annulled by the death of the other, just like a sale. Furthermore, the slave is one of those through whom the kitaba is completed (5), so it is not annulled by his death, just as it is not by the master's death. The first [view] is more appropriate. Kitaba differs from a sale, because each of the two contracting parties is not an object being contracted over, and the contract does not relate to his physical essence, so it is not annulled by his destruction. However, the mukatab is the object contracted over, and the contract relates (6) to his physical essence; therefore, if he perishes before the completion (7)