his earnings, nor does her child follow the Mukatabah, because emancipation occurred through the characteristic, not through the Kitabah. As for Kitabah involving something prohibited, such as wine or swine, Al-Qadi said: It is an invalid Kitabah, its ruling is the same as what we have mentioned, and he becomes free through performance. Abu Bakr said: He does not become free through performance. This is the apparent view of Ahmad's statement in the report of Al-Maymuni: if he makes an invalid Kitabah contract with him, and he performs what he was contracted for, he becomes free, as long as the Kitabah was not prohibited. It is appropriate to say: If he suspended the emancipation upon the performance of the prohibited thing, he becomes free by it, just as if he suspended emancipation upon theft or drinking wine. If he said: "I have contracted a Kitabah with you for wine," he does not become free by performing it, like the view of Abu Bakr. And Allah knows best.

Section: If he said to his slave: "You are free, and you owe me a thousand [dirhams]," he becomes free, and he owes nothing; because he emancipated him without a condition and imposed upon him a substitute which he did not accept, so he becomes free and the thousand is not binding upon him. This is what the later scholars among our colleagues mentioned. Ja'far ibn Muhammad narrated, saying: I heard Abu Abd Allah being asked: If he said: "You are free, and you owe me a thousand dirhams." He said: "Excellent." It was said to him: "And if the slave does not consent?" He said: "He does not become free; he only said it to him on the condition that he pays him a thousand dirhams; if he does not pay, there is nothing." And if he said: "You are free upon a thousand," it is the same in one of the two narrations; because "upon" (ala) is not a particle of condition or exchange, so it resembles his saying: "and you owe me a thousand." The second [narration] is that if the slave consents, he becomes free and the thousand becomes binding upon him; if he does not consent, he does not become free. This is the view of Malik, Al-Shafi'i, and Abu Hanifa; because he emancipated him for a substitute, so he does not become free without his consent, as if he said: "You are free for a thousand." This narration is more correct because "upon" is used for condition and exchange. Allah the Exalted said: {Moses said to him, "May I follow you on [the condition] that you teach me from what you have been taught of sound judgment?"} [Surat al-Kahf 66]. And He the Exalted said: {So shall we assign for you an expenditure on [the condition] that you make between us and them a barrier?} [Surat al-Kahf 94]. And if he said in marriage: "I have given you my daughter, so-and-so, in marriage, for a dowry of five hundred