the performance, the contract is annulled, just as if the sold object perished before being taken possession of. This is because he died before the existence of the condition of his freedom, and the existence of that condition is impossible (8) after his death.

Section: If (9) he dies without leaving enough [wealth] to fulfill [the contract], there is no disagreement in the school that the kitaba is annulled by his death, he dies a slave, and what is in his possession belongs to his master. This is the opinion of the jurists (ahl al-fatwa) among the Imams of the regions, unless he dies after paying three-quarters of the kitaba, according to Abu Bakr, al-Qadi, and those who agreed with them, for he dies a free man according to their position. Malik said: If he has a free child, the kitaba is annulled, and if he has a slave (10) within his kitaba, he is compelled to pay the wealth (11) if he has wealth; if he has no wealth, he is compelled to work and pay. It has been narrated from Ali, may Allah be pleased with him, that he is emancipated according to what he has paid (12). It has been narrated from Ibn Abbas, may Allah be pleased with them, that the Prophet (peace and blessings of Allah be upon him) said: "If the mukatab suffers a legal punishment or inherits, he inherits according to what he has paid, and the mukatab is ransomed by the share of what he has paid" (13). From Umar, Ali, and al-Nakha'i: If he pays half, no slavery remains upon him (14). Ibn Mas'ud said: If he pays the equivalent of his value, he is a debtor (15). We have already mentioned the response to all these opinions (16) in what preceded, in a manner that makes repeating it unnecessary, if Allah the Almighty wills.

Section: The kitaba is not annulled by insanity because it is a binding contract, so it is not annulled by insanity, just like a pledge (rahn). It differs from death because the contract is regarding a specific physical entity, and death causes the loss of that entity, whereas insanity does not. Furthermore, the goal of the kitaba is emancipation, and death contradicts it; this is why the emancipation of a dead person is not valid.