with the dower of a peer (mahr al-mithl), similar to his opinion regarding khul' for a free person or a usurped item. It is possible to interpret the statement of al-Khiraqi as meaning that she informed her husband that her master had permitted her this (5) khul' for this specific object, but she was not being truthful, or he was ignorant that she did not own the specific object, or that he chose (6) in the case where he performed khul' with her for a usurped item that he has recourse against her for its value. This recourse against her occurs at the time of her emancipation, as that is the time she attains ownership. She is like the insolvent person who is pursued during the time of his solvency. He is entitled to its value or its equivalent, because it is a due (mustahaqq) whose delivery became impossible while the cause of the entitlement remained, so it becomes necessary to have recourse to its equivalent or its value, just like a usurped item.

Third Section: If the khul' is with the permission of the master, the compensation attaches to his (the master's) liability. This is the analogy of the school, just as if he had permitted his slave to incur debt. It is also possible that it attaches to the person of the slave woman. If she performs khul' for a specific object with the permission of the master, he owns it. If he granted permission for a specific amount of wealth and she performed khul' for more than that, the excess is upon her liability. If he gave general permission, it implies khul' for the amount named to her; if she performs khul' for that amount or less, it is binding upon the master, but if it is for more than that, the excess attaches to her liability, just as if he had specified an amount for her and she performed khul' for more than it. If she has been granted permission to trade, she delivers the compensation from what is in her possession.

Section: The ruling regarding a mukataba (a slave woman with a contract of emancipation) is the same as the ruling regarding a qinn (absolute) slave woman, because she does not possess the authority to dispose of what is in her possession by way of donation, or anything in which there is no benefit. Giving wealth in khul' has no benefit in terms of acquiring wealth; rather, it involves harm through the loss of her maintenance and some of her dower if the marriage has not been consummated. If the khul' is without the permission of the master, the compensation is on her liability and he pursues her for it after emancipation. If it is with the permission of the master, she delivers it (7) from what is in her possession, and if there is nothing in her possession, it is upon her master.

Section: The khul' of a woman under interdiction (hajr) due to insolvency is valid, and her offering of compensation is valid, because she has a legal personality (dhimma) and her disposal therein is valid. He has recourse against her for the compensation when she becomes solvent and the interdiction is lifted from her, and he does not have