The slave, when freed and possessing wealth, has it retained for him by his master.

1993 - Issue: He said: (And if he does not pay a installment (najm) until another installment becomes due, the master may declare him unable (ajjazahu) if he wishes, and he shall return to being a slave who is not a mukatab).

The summary of this is that the mukataba is a binding contract; the master does not have the right to annul it before the mukatab becomes unable, without any disagreement that we are aware of. He does not have the right to demand payment from the mukatab before the arrival of the installment, because it was only established in the contract as deferred. When the installment becomes due, the master may demand from him what has fallen due of his installments, because it is a debt owed to him that has matured, so it resembles his debt upon a stranger; and he may be patient with him and delay it for him, whether he is able to perform the payment or incapable of it, because it is a right of his which he has allowed to be delayed, similar to his debt upon a stranger. If he chooses to be patient with him, the slave does not have the right to annul it, without any disagreement that we are aware of. Ibn al-Mundhir said: All those we know from the scholars have reached consensus that if an installment, two installments, or all his installments become due on the mukatab, and the master pauses from demanding them and leaves him as he is, the mukataba is not annulled, as long as they remain firm upon the first contract. If he defers it for him, then later changes his mind and wishes to rescind, he may do so, because a mature debt is not deferred by an act of deferment, like a loan. If two installments become due on him and he is unable to pay them, and the master chooses to annul his mukataba and return him to slavery, he may do so without the presence of a judge or authority, and he is not required to appoint a representative. Ibn Umar did this, and it is the opinion of Shurayh, al-Nakha'i, Abu Hanifah, and al-Shafi'i. Ibn Abi Layla said: His inability (ajz) can only be established before a judge, and something similar to this was narrated from Malik. Al-Hasan said: If he becomes unable, he shall be granted a respite for two years after the inability. Al-Awza'i said: Two months, and similar to that. Our evidence is what Sa'id narrated with his chain of transmission from Ibn Umar, that he made a kitaba contract with a slave for one thousand dinars, and he paid him nine hundred dinars and was unable to pay one hundred dinars, so he returned him to slavery. And with his chain of transmission from Atiyya al-Awfi, from Ibn Umar, that he made a kitaba contract with his slave for twenty thousand, and he paid ten thousand, then came to him and said: 'I have toured Iraq and the Hijaz, so return me to slavery,' and he did so. It was narrated from him that he made a kitaba contract with a slave of his for thirty