before performance, it becomes a debt in his liability, and he has already become free. The basis for the first narration is what 'Amr ibn Shu'ayb narrated from his father, from his grandfather, that the Prophet, peace and blessings of Allah be upon him, said: "The mukatab is a slave as long as a dirham remains to be paid by him" (18). And his saying: "Whatever slave is contracted for one hundred uqiyyahs, and he pays it except for ten uqiyyahs, he is a slave. And whatever slave is contracted for one hundred dinars, and he pays it except for ten dinars, he is a slave." Narrated by Sa'id (19). In another narration: "Whoever contracts his slave for one hundred uqiyyahs, and he pays it except for ten uqiyyahs," or he said: "except for ten dirhams, then he defaults, he is a slave." Narrated by al-Tirmidhi (19), who said: This is a hasan (good) gharib (uncommon) hadith (20). This is because it is an emancipation tied to a compensation, so he does not become free before performing it, just as if he said: "If you pay me a thousand (21), you are free." According to this narration, if he pays, he becomes free, and if he does not pay, he does not become free. If he refrains from payment, Abu Bakr said: The Imam shall pay it on his behalf, and this does not count as a default, and the master does not have the right to cancel [the contract]. This is the view of Abu Hanifah. Al-Khiraqi's statement may imply that if he does not pay, the master may declare him in default if he wishes, for he said: "If he does not pay a installment until another installment falls due, the master may declare him in default if he wishes, and he returns to being a slave who is not a mukatab." Al-Shafi'i said something similar, for he said: "If he wishes, he may declare his default and refrain from payment." The basis for this is that the slave is not compelled to earn what he pays in the Kitaba, so he is not compelled to pay, like all other revocable contracts. The basis for the first view is that the slave has [already established] (22) the entitlement to freedom upon possessing what is to be paid, so he cannot invalidate it, just as if he had paid it. If the wealth perishes before he pays it, it is permissible to declare his default (23) and enslave him, by a single view.

1982 - Issue; He said: (If he pays part of his Kitaba, and dies while in his possession is the full amount and a surplus, it belongs to his master. In one of the two narrations. In the other, his master has the remainder of his Kitaba, and the rest belongs to his heirs.)

It is possible that this issue is based on the one before it. So if we say: He is not emancipated by possessing what he is to pay, then