thousand, so he said to him: 'I am unable.' He said to him: 'Erase your contract.' He replied: 'You erase it.'

Sa'id narrated with his chain of transmission from Amr ibn Shu'ayb, from his father, from his grandfather, that the Messenger of Allah, peace and blessings be upon him, gave a sermon and said: "Whichever man makes a contract with his slave for one hundred uqiyas, and he becomes unable to pay ten uqiyas, then he is a slave." This is because it is a contract for which he is unable to provide the compensation, so the one entitled to it has the right to annul it, like the salam contract (advance payment) if the goods to be delivered are unavailable. Also, it is the annulment of a contract based on consensus, so it does not require a judge, similar to the annulment of the emancipation of a woman married to a slave.

If it is said: 'Why is the kitaba binding upon the master but not binding upon the slave?' We say: On the contrary, it is binding upon both parties. The slave does not have the right to annul it under any circumstances; he only has the right to declare his inability and refrain from working. He only had that right for two reasons: First, the kitaba contains an emancipation conditional upon a state, and whoever suspends the emancipation of his slave upon a condition cannot void it. The emancipation is necessarily triggered by the condition, while the slave is not obligated to fulfill the condition and cannot be forced to do so. Second, the kitaba is for the benefit of the slave, not his master. Thus, the contract is binding upon the one who imposed the benefit of another upon himself, while the beneficiary has the option regarding it, like one who guarantees something for another, acts as a surety for him, or holds a pledge from him.

Section: As for if one installment becomes due and he is unable to pay it, the apparent meaning of al-Khiraqi's words is that the master does not have the right of annulment until two installments become due before their payment. This is one of the two narrations from Ahmad. Al-Qadi said: This is the apparent meaning of our companions' words. It is narrated from Ali, may Allah be pleased with him, and it is the opinion of al-Hakam, Ibn Abi Layla, Abu Yusuf, and al-Hasan ibn Salih. Ibn Abi Musa said: It is narrated from Ahmad that he does not return to slavery until he says: 'I have become unable.' It is also said regarding him: If he has paid the majority of the kitaba wealth, he shall not be returned to slavery, but rather pursued for what remains. The second narration is that if he becomes unable to pay a single installment, his master has the right to annul the kitaba. This is the opinion of al-Harith al-'Ukli, Abu Hanifah, and al-Shafi'i, because the master...