And I do not know of any report that contradicts it, nor do I know in any of the reports of any evidence for her insolvency. Al-Shafi'i interpreted it as meaning that she had become insolvent, and that her sale was an annulment of her kitaba (contract of emancipation). This interpretation is far-fetched and requires evidence of extreme strength, yet there is nothing in the report that points to it. Rather, her statement 'Help me with my kitaba' is an indication of her remaining within the kitaba. Furthermore, she informed her that her installments were one uqiya each year; insolvency only occurs upon the passing of two years, according to those who do not view insolvency except upon the falling due of two installments, or upon the passing of one year according to others. The apparent meaning is that 'Aisha's purchase of her was at the beginning of her kitaba. It is not valid to draw an analogy to the umm al-walad (mother of the child), because the cause of her freedom is established in a way that cannot be annulled under any circumstances, thus it resembles a waqf (endowment), whereas the mukatab can be returned to slavery and his kitaba annulled if he becomes insolvent; thus, they are distinct. Ibn Abi Musa said: Does the master have the right to sell the mukatab for more than what he contracted him for? There are two narrations [regarding this]. And because the mukatab is a slave owned by his master, whose emancipation is not definitive, it is permissible to sell him, just like one whose emancipation is suspended upon a condition. The evidence that he is owned is the statement of the Prophet, peace and blessings of Allah be upon him: 'The mukatab is a slave as long as a dirham remains owed by him.' And that his mistress is not obliged to observe hijab (seclusion) from him, evidenced by his statement, peace be upon him: 'If one of you has a mukatab, and he possesses what he needs to pay, let her observe hijab from him.' This indicates that she does not need to observe hijab from him before that. We have narrated in this regard from Nabhan, the freed slave of Umm Salama, that he said: Umm Salama said to me: O Nabhan, do you have what you need to pay? I said: Yes. So she lowered the curtain between me and her and narrated this hadith. He said: Then I said: No, by Allah, I do not have what I need to pay, nor am I able to pay it. The hijab was only dropped from her regarding him due to his status as her owned slave, and because his emancipation is valid, while the emancipation of one who is not owned is not valid. When he becomes insolvent, he returns to the state of being a bondman, and if he had become free, he would not return to slavery.
(8) In M, there is an addition: 'for him'. (9) In the original: 'faskhiha'. (10) Omitted from M. (11) In B: 'fa-lam'. (12) Its takhrij (authentication) was previously mentioned in: 9/125. (13) In B: 'lazimaha'. (14) In the original and M: 'fa-akhrajat'. (15) Reported by al-Bayhaqi, in: The Chapter of the Hadith narrated regarding observing hijab from the mukatab, from the Book of the Mukatab, Al-Sunan al-Kubra 10/327. And by 'Abd al-Razzaq, in: The Chapter of the Insolvency of the Mukatab and other things, from the Book of the Mukatab, Al-Musannaf 8/409.