because there is harm in it for him, due to what it leads to of losing his freedom, just as a voluntary donation is not binding upon him even with his master's permission. The Qadi said: The mukatab is like the uncontracted slave in [the ruling of] expiation. Whenever his master permits him [to perform expiation] with wealth, it is predicated upon the slave's [capacity for] ownership when his master makes him an owner. [If we say: He does not own, then his expiation by manumission, feeding, or clothing is not valid, whether his master made him an owner] or did not make him an owner, and whether he permitted it or did not permit it; because he is performing expiation with that which is not owned by him, so it is not valid. And if we say: He owns by way of being granted ownership, his expiation by food is valid if he permitted it. And if he permits him to perform expiation by manumission, is it valid? There are two narrations, which were previously mentioned regarding the expiation of a slave. The correct view is that this distinction does not apply to the mukatab; because he owns wealth without dispute, but his ownership is deficient due to his master's right being attached to it. So when his master permits him in it, it is valid, like a voluntary donation.

1999 - Issue; He said: (The children of a mukataba who were born to her during the kitaba are emancipated with her emancipation.)

In sum, the kitaba of a female slave is valid, just as the kitaba of a male slave is valid. There is no disagreement among the people of knowledge regarding this. The hadith of Barira and the hadith of Juwayriya bint al-Harith have indicated this. And because she is included in the generality of His saying: {And those who seek a contract [kitaba] from among those whom your right hands possess, then make a contract with them if you know any good in them}. And because it is possible for her to earn and pay, so she is like the male slave. And when the mukataba brings forth a child from someone other than her master, whether from marriage or otherwise, the child is a follower of her, suspended upon her emancipation. If she is emancipated by payment or absolution, the child is emancipated. And if her kitaba is annulled and she returns to servitude, the child returns to being a slave. This is the position of Shurayh, Malik, Abu Hanifa, al-Thawri, and Ishaq. It makes no difference in this whether the child was a fetus during the kitaba or born after it. Abu Thawr and Ibn al-Mundhir said: He is an uncontracted slave and does not follow his mother.