by the death of the master, the sale of the Mukatab (the slave under a contract of manumission), or his being gifted, because it is a binding compensatory contract; it is similar to a sale. What he earns before performance is his, and what remains in his possession after performance is his. The children of the Mukatabah (female slave under a contract of manumission) whom she bore during the Kitabah become free through her emancipation. The third category is a characteristic that contains a compensatory aspect, but the ruling of the characteristic is dominant, which is the invalid Kitabah, such as a Kitabah upon an unknown [amount], or a single installment, or with the violation of one of the conditions of Kitabah. It is equivalent to the pure characteristic and the valid Kitabah in that he does not become free upon performance, because it is an emancipation suspended upon a condition, and he is not liable for his own value, nor is it invalidated by the insanity of the Mukatab or the interdiction placed upon him; for interdiction due to slavery does not prevent the validity of his Kitabah, so its occurrence does not require its invalidation. If he performs [the payment] during his state of insanity, he becomes free, because the condition has been met. Abu Bakr said: He does not become free by that. It differs from it in that the master has the right to rescind and remove it, because it is invalid, and what is invalid is legislated to be removed and eliminated. It differs from valid Kitabah in that it is invalidated by the death of the master, his insanity, and the interdiction placed upon him due to feeblemindedness, because it is a permissible contract from his side, so it is invalidated by these matters, like agency and Mudarabah (profit-sharing partnership). Ahmad has said: When he becomes mentally deranged, it is in the position of death. This is the position of Al-Qadi. Abu Bakr said: It is not invalidated by any of that, because it is a Kitabah contract, so it is not invalidated by that, like the valid one. It differs from the pure characteristic in that the slave's earnings before performance are his, and what remains in his possession after performance is his, not his master's, and her children follow the Mukatabah, carrying it over to the valid Kitabah in one of the two reported views. In the other, he does not deserve his earnings, nor do her children follow the Mukatabah, because emancipation occurred through the characteristic, not through the Kitabah.
(40) In M: "at". (41) In A: "which". (42) In B: "the Kitabah". (43) Omitted from the original. A transmitted viewpoint. Then it came after his saying: "nor is he liable for his own value." The following part is incoherent. (44) Omitted from the original, and in A: "flaw". (45) Omitted from M. (46) In the original: "And if". (47) In B, M: "and it differs from both of them". (48) In the original: "and his life". (49) In the original: "not". (50) Omitted from the original. (51) In the original: "the Kitabah".