or intends freedom by the kitaba. It is possible within our school to hold such a view, because the term "kitaba" can imply a mere financial arrangement (mukharajah) or it can imply manumission upon payment, so one must be distinguished from the other, like the metonymies (kinayat) of manumission. Our argument is that freedom is the consequence of the kitaba contract, so it is established upon its completion, like all its other legal rulings. Also, kitaba is a contract established for the purpose of manumission, so it does not require the explicit word of manumission or the intent for it, like tadbir. As for what they mentioned regarding the use of kitaba for a financial arrangement, if that is established, it is not well-known, so it does not prevent the occurrence of freedom through it, just like other explicit terms. Furthermore, a term that is open to interpretation is directed by context to one of its two possibilities, just like the term "tadbir"—for it could imply the planning of his livelihood or otherwise, yet it is explicit regarding freedom; therefore, it is more appropriate here.
Chapter Three: He does not become free before the payment of the entire kitaba amount. Ahmad said, regarding a slave owned by two men who entered into a kitaba contract with him for one thousand, and he paid nine hundred, then one of them manumitted his share: He said: "Only half of the hundred [remnant] does not cause him to become free." It has been narrated from Umar, his son, Zayd ibn Thabit, Aisha, Sa'id ibn al-Musayyab, and al-Zuhri that they said: "The mukatab is a slave as long as a dirham remains owed by him." Al-Athram narrated this from them. Al-Qasim, Salim, Sulayman ibn Yasar, Ata', Qatada, al-Thawri, Ibn Shubruma, Malik, al-Awza'i, al-Shafi'i, Ishaq, and the People of Opinion (Ashab al-Ra'y) held this view. It is also narrated from Umm Salama. Sa'id narrated with his chain of transmission from Abu Qilaba that he said: "The wives of the Prophet (peace be upon him) would not observe hijab from a mukatab as long as a dinar remained owed by him." And with his chain of transmission from Ata', that Ibn Umar entered into a kitaba contract with a slave..."
(17) In B and M: "and he intends". (18) In the original: "is established" (yathbut). (19) Omitted from A and B. (20) Omitted from A and M. [It implies] transfer of thought. (21) Omitted from the original and A. (22) Al-Bayhaqi recorded it from them in: The Chapter of 'The Mukatab is a slave as long as a dirham remains owed by him,' from the Book of the Mukatab, Al-Sunan al-Kubra 10/324, 325. Abd al-Razzaq recorded it from Ibn Umar, Zayd, and Aisha in: The Chapter of 'The Inability of the Mukatab and other matters,' from the Book of the Mukatab, Al-Musannaf 8/408. And Ibn Abi Shayba in: The Chapter of 'A mukatab is a slave as long as anything remains owed by him,' from the Book of Sales and Judgments, Al-Musannaf 6/146, 147. (23) Al-Bayhaqi recorded it in: The Chapter of 'The Mukatab is a slave as long as a dirham remains owed by him,' from the Book of the Mukatab, Al-Sunan al-Kubra 10/425. See what was previously cited in 9/124, 125.
