three aspects, and the fact that the difference between it and the endowment does not occur from this aspect does not prevent the difference between it and the mortgage from occurring by it.

Section: If a master designates his slave as mudabbar, then enters into a mukataba (contract of emancipation) with him, it is permissible. Ahmad stated this explicitly. This is the view of Ibn Mas'ud, Abu Hurayrah, and al-Hasan. The wording of the narration of Abu Hurayrah, from Mujahid, says: A woman from Quraysh designated a servant of hers as mudabbar, then wished to enter into a mukataba with him. [He said: So I was the messenger to Abu Hurayrah, and he said: Enter into a mukataba with him, for if he fulfills his kitaba,] then that is it; and if an event happens to you, he is emancipated. He said: And I think he said: On what he was upon for him. This is because tadbir, if it is emancipation conditional upon an attribute, does not prevent kitaba, like the one who conditioned his emancipation upon entering the house; and if it is a bequest, it does not prevent it, just as if he bequeathed his emancipation and then entered into a mukataba with him. Furthermore, tadbir and kitaba are two causes for emancipation, so neither of them prevents the other, like the tadbir of a mukatab slave. Al-Qadi mentioned that tadbir is invalidated by kitaba if we say it is a bequest, just as if he bequeathed him to a man and then entered into a mukataba with him. This contradicts the apparent meaning of Ahmad's words, and it is not correct in itself. Tadbir differs from a bequest of him to a man because the purpose of kitaba and tadbir are not mutually exclusive, since the intended purpose of both is emancipation. If they are combined, it is more emphatic for its attainment, for if his emancipation through one of them fails, it is attained through the other; whichever of them is found before the other, emancipation is attained through it. The purpose of a bequest of him to a man and the kitaba are mutually exclusive, because kitaba is intended for emancipation, while a bequest is intended for the acquisition of ownership in him