before the right (the debt) becomes due. Our evidence is that it is a contract from which the goal is to satisfy the right from the essence of the item, resembling a lease (ijarah). Furthermore, because he attached his emancipation to a condition that does not prevent the satisfaction of the right, it resembles the case where he attaches it to a condition that occurs after the right becomes due. What they have mentioned is invalidated by this principle. Tadbir (post-mortem emancipation) differs from a condition that occurs before the debt becomes due, because the pledge does not prevent his emancipation by the condition. Thus, if he is emancipated, it becomes impossible to satisfy the debt from him, and the objective is not achieved. However, the debt in the case of a mudabbar prevents his emancipation by tadbir and takes precedence over it, so it does not prevent the achievement of the objective. The ruling in the case where the tadbir is known or not known is the same as the ruling regarding the offending slave, according to what has been detailed therein. Whenever the master dies before the fulfillment of the debt, the mudabbar is emancipated and the pledge is void. If part of him is emancipated, the pledge remains on the remainder. If the master has no wealth exceeding the fulfillment of the debt, the mudabbar is sold for the debt and the tadbir is invalidated, because the debt takes precedence over the tadbir, and the pledge is not invalidated. If the debt does not consume his value, he is sold to the extent of the debt, one-third of the remainder is emancipated, and what remains is for the heirs.

Section: As for the mukatab (a slave in a contract of manumission), the correct view is that it is not valid to pledge him. This is the school of al-Shafi'i; because the continuity of possession in a pledge is a condition in the correct view, and that is not possible in the case of a mukatab. The Qadi said: The analogy of the school is the validity of his pledge. This is the school of Malik; because it is permissible to sell him and fulfill the debt from his price. Based on this, what he performs of the installments of his kitaba (contract of manumission) becomes a pledge along with him. If he becomes insolvent, the pledge is established in him and in his earnings. If he is emancipated, what he performed of his installments remains a pledge, in the position of what if the absolute slave earned something and then died.

Section: As for the one whose emancipation is attached to a condition that becomes due before the right (the debt) becomes due, such as the one whose emancipation is attached to the sighting of the moon of Ramadan, and the right is due at its end, his pledge is not valid; because it is not possible to sell him when the right becomes due, nor to satisfy the debt from his price. And if the debt is due before it, such as if he attaches...