as a bondman. And if he were to become free, he would not return to slavery, and it differs from his emancipation, because emancipation removes the status of slavery entirely and is not a contract, but rather an extinguishment of ownership over it. As for selling him, his owner is not prevented from selling him. As for the seller, he no longer retains any ownership of him, unlike our case.

Section: It is permissible to give him as a gift, to bequeath him, and to transfer ownership of him, because he is in the same category as selling him. It has been narrated from Ahmad that he forbade giving him as a gift because the Law (Shar') was only revealed regarding his sale. The correct view is that it is permissible, because when something is equivalent to what has been explicitly mentioned, the ruling applies to it.

Issue 2001; He said: "And his buyer takes the place of the mukatab, and when he pays, he becomes free, and his wala' (right of patronage) belongs to his buyer. If the seller does not clarify to the buyer that he is a mukatab, then he has the choice between returning [the price] or taking the difference between his value as sound and his value as a mukatab."

The entirety of this matter is that the kitaba contract is not annulled by the sale, and it is not permissible to invalidate it. We know of no disagreement regarding this. Ibn al-Mundhir said: All of the scholars we have preserved knowledge from have reached a consensus that if a master sells his mukatab with the intention of annulling his kitaba through the sale—while he is still in the process of it and paying what is required of him from his installments at their appointed times—it is not permissible. This is because it is a binding contract, so it is not invalidated by the sale of the slave, just as his lease or marriage is not. He remains under his kitaba with the buyer and on his installments just as he was with the seller, remaining [on what remains] of his kitaba, and he pays the buyer as he used to pay the seller. If he becomes insolvent, he is a slave to his buyer, because he has become his master. If he pays, he is emancipated, and his wala' belongs to his buyer, because the right of the mukatab in him has been transferred to the buyer, so the buyer becomes the one who emancipates. This is why the Prophet, peace and blessings of Allah be upon him, said to 'Aisha: "Buy and emancipate, for the wala' belongs to the one who emancipates." And when her family wanted to stipulate the condition of his wala' for themselves, he forbade that.