that he may spend from the wealth in his possession on himself for his food, drink, and clothing, in accordance with custom, for that which he cannot do without, and on his slaves and his animals. He has the right to discipline and punish his slaves if they do what warrants that, as it is a matter of the welfare of his property; thus he possesses it, similar to expenditure upon them. He does not, however, possess the right to carry out the legal punishments (huddud) upon them, as this is a matter of authority (wilayah) and he is not of those who possess it. He has the right to demand pre-emption (shuf'a) and to exercise it, as it is a type of purchase. If the purchaser of the share is his master, he has the right [to take it from him], because he has the right to purchase from him. If the mukatab purchases a share in which his master has a stake, the master has the right to take it from the mukatab via pre-emption, because in the realm of buying and selling, he is like a stranger to his master. If the right of pre-emption becomes incumbent upon the master against his mukatab, and the mukatab claims that his master has waived it, his claim shall be heard. If the master denies it, the burden of the oath lies upon him. If the master permits his mukatab to sell at a discount (muhabah), it is valid, and his master has the right to exercise pre-emption, because his sale at a discount, with his master's permission, is valid. The admission (iqrar) of a mukatab regarding a sale, a purchase, a defect, or a debt is valid, because his transactions regarding these are valid, and whoever possesses a thing, possesses [the right of] admission regarding it.

1987 - Issue: He said: "And his master may not sell to him a dirham for two dirhams."

The summary is that usury (riba) occurs between the slave and his master, so it is not permissible for him to sell him a dirham for two dirhams, just as with two strangers. Ibn Abi Musa said: There is no usury between them, because he is a slave according to the more evident of the two statements, and there is no usury between a slave and his master. For this reason, it is permissible for him to pay his master in advance, and for the master to remit some of his kitabah amount; he also has the right to have sexual relations with his mukatabah if stipulated, and if she becomes pregnant by him, she becomes an umm walad (mother of a child) through that. The reasoning for the statement of al-Khiraqi is that the master is, with his mukatab in matters of transactions, like a stranger, evidenced by the fact that each of them has the right of pre-emption against the other, and neither...