It differs from a loan, as that is a permissible contract from the lender's side; he may demand its retrieval whenever he wishes and prevent the debtor from traveling before its fulfillment. Thus, the prohibition of travel occurs without a condition being stipulated, unlike the kitaba, where the master cannot prevent him from traveling except by a condition. Therein lies the preservation of his slave and his wealth, so he is not prevented from securing it (12). This is the more correct view, God willing, and the more appropriate one. Based on this, the master has the right to prevent him from traveling. If he travels without his permission, the master has the right to bring him back if possible. If it is not possible to bring him back, it is possible [in legal theory] that he has the right to declare him incapacitated (ta'jiz) and return him to servitude because he did not fulfill what he stipulated upon him, resembling the case where he does not fulfill the payment of the kitaba. Alternatively, it is possible that he does not have this right because he is a mukatab under a valid kitaba contract, his incapacity has not been demonstrated, and therefore he does not have the right to declare him incapacitated, just as if he had not stipulated it (13) upon him.

Section: If he stipulates in his kitaba contract that he shall not beg from people (14), Ahmad said: Jabir ibn 'Abd Allah said: "They are bound by their conditions." If you see him begging, you forbid him. If he says: "I will not return to it," he is not turned back from his kitaba for the first time. The apparent implication of this is that the condition is valid and binding, and that if he violates it once, he is not declared incapacitated; but if he violates it twice or more, he has the right to declare him incapacitated. Abu Bakr said: If he sees him begging from time to time, he declares him incapacitated, just as if an installment becomes due upon an installment, he declares him incapacitated. He considered the violation on two occasions as being like the maturity (15) of two installments. The condition is valid due to his (peace be upon him) saying: "Muslims are bound by their conditions." Furthermore, he has a benefit and a valid purpose in this, which is that he should not be a burden upon people, and that they should not feed him from their charity and their impurities. Abu Al-Khattab mentioned that the condition is not valid, because God Almighty has designated for the mukatab a share of charity by His saying: "and for those in bondage" (16). They are the mukatabun, so it is not valid to stipulate the abandonment of seeking what God Almighty has designated for him (17).

1986 - Issue: He said: (And he does not have the right to marry except with the permission of his master)

This is the view of Al-Hasan, Malik, Al-Layth, Ibn Abi Layla, Abu Hanifah, Al-Shafi'i, and Abu