the compensation, and that is not achieved by paying what is not his. If he pays to both of them in full, he becomes entirely free; because half of him becomes free by the payment, and once he becomes free, it spreads to the rest of him, even if the one who contracted with him is wealthy, because his freedom is by a cause on his part, so his value becomes incumbent upon him, as if he had initiated the manumission, [or as if he had made the manumission of his share contingent upon a condition, and he became free thereby, and the partner has recourse against the mukatab for half of his value, as if he had initiated the manumission]. As for if the slave owns something through his contracted portion, such as his master having entered into an agreement of alternating service with him, and he earns something during his turn, or he is given something from zakat from the share of those in bondage or otherwise, his master has no right to it, and he may pay all of it toward his mukataba; because he only deserved that through what it contains of the mukataba, so it is similar to the remainder of the half after giving the partner his right. If a third of him were free, a third of him a mukatab, and a third of him a bondsman, and he inherited an inheritance through his free portion, and took from the share of those in bondage through his contracted portion, he may pay all of that toward his mukataba; because he did not deserve anything of it through his bondsman portion, so its owner does not deserve anything from it. When he pays all of his mukataba, he becomes free. If the one who contracted with him is indigent, the manumission does not spread and does not exceed his share, as if he addressed him directly with manumission, except according to the opinion in which we hold that he is to be tasked with labor (istis'a'), for he is then tasked with labor for the share of the one he did not contract with. If he is wealthy, it spreads to the rest of him.
Section: If the entire slave is owned by one man, and he enters into a mukataba for part of him, it is permissible. Abu Bakr said this because it is a commutative contract, so it is valid regarding part of him, like a sale. When he pays all of his mukataba, he becomes entirely free; because if the manumission spreads regarding him to the property of another, it is more fitting that it should do so to his own property. It is incumbent upon him to pay his master double his mukataba; because his master deserves half of what he earns due to the servitude therein, and he pays half toward the mukataba, unless his master is satisfied with him paying the entirety toward the mukataba, which then becomes valid. Once he has fulfilled all the wealth, half of him becomes free through the mukataba, and the remainder through spread (siraya).
(13) In the Original and B: "he emancipated". (14) Omitted from B. A matter for consideration. And in the Original: "and if he suspended", etc. (15) In M: "so if". (16) In the Original: "kitāba". (17) In the Original: "he falls". (18) In A, B, and M: "by the performance".