debt becomes due upon death. To claim the entire kitaba wealth; because it has become due. The school of thought is the first one, which the group narrated from Ahmad. Sa'id has narrated in his "Sunan", that Hushaym said, Mansur and Sa'id informed us, from Qatada, who said: I mentioned to Sa'id ibn al-Musayyib the opinion of Shurayh regarding the mukatab if he dies and has a debt, and a remainder of his kitaba, and I said: Shurayh decreed that his master claims alongside the creditors. Sa'id said: Shurayh erred; Zayd decreed [payment of] the debt before the kitaba (54).
1996 - Issue: He said: (If he makes a kitaba contract with him, then makes him a mudabbar, then when he pays, he becomes free. If the master dies before payment, he becomes free through the tadbir, if the third [of the estate] covers what remains (1) of his kitaba, otherwise he becomes free from it to the extent of the third, and an amount equal to what he was emancipated from is dropped from the kitaba, and he remains under the kitaba for what remains.)
The sum of this is that the tadbir of a mukatab is valid. We know of no disagreement regarding this; because it is the suspension of emancipation upon a condition, and he possesses the authority to emancipate him. If it is a bequest, it is a bequest for his emancipation, and he possesses it. Given this, if he pays, he becomes free through payment; because it is a cause for emancipation, and the tadbir is nullified as it is no longer needed, and what is in his hand is his. If he is unable [to pay] and the kitaba is voided, his kitaba is nullified, and he becomes a mudabbar who is not a mukatab. If the master dies, he becomes free if it comes out of the third, and what is in his hand belongs to his master. If it does not come out of the third, he becomes free from it to the extent of the third, and if the master dies before his payment and his inability, he becomes free through tadbir if the third covers it, and if it does not come out of the third, he becomes free from it to the extent of the third, and an amount equal to what he was emancipated from is dropped from the kitaba; because the kitaba wealth is a substitute for him, so if half of him becomes free, it is necessary that half the kitaba be dropped; because the kitaba does not remain except for half of him, so there does not remain of its wealth upon him except to that extent, and he remains under the kitaba for what remains, and what is in his hand is his. This is the school of al-Shafi'i, may Allah be pleased with him. Our companions said: If he becomes free through tadbir, the kitaba is nullified, and what is in his hand belongs to his master, just as if the kitaba were nullified due to his inability; because he is a slave who became free through tadbir,
(54) In M: "al-kitaba". It was extracted by al-Bayhaqi, in: The Chapter on the Bankruptcy of the Mukatab, from the Book of the Mukatab. Al-Sunan al-Kubra 10/332, 333. And 'Abd al-Razzaq, in: The Chapter on the Bankruptcy of the Mukatab, from the Book of the Mukatab. Al-Musannaf 8/413. And Ibn Abi Shaybah, in: The Chapter on the Mukatab Who Dies and Leaves a Debt..., from the Book of Sales and Judgments. Al-Musannaf 6/395, 396. (1) Omitted from: M.
