Section: If the master stipulates that the mukatab (slave under a contract of manumission) must leave him his inheritance to the exclusion of his [the mukatab's] heirs, or that he [the master] shall share in their inheritance with them, this is a corrupt condition according to the general consensus of scholars, among them al-Hasan, 'Ata', Shurayh, 'Umar ibn 'Abd al-'Aziz, al-Nakha'i, and Ishaq. Iyas ibn Mu'awiyah permitted stipulating a portion of his inheritance. This is not valid, because it contradicts the Book of Allah the Almighty; and every condition that is not in the Book of Allah is void, according to the statement of the Prophet (peace and blessings of Allah be upon him). Sa'id said: Hushaym narrated to us, Mansur narrated to us, from Ibn Sirin, that a man entered into a kitaba contract with his slave and stipulated that he [the master] would inherit from him. When the mukatab died, he disputed with his [the mukatab's] heirs before Shurayh. [Shurayh ruled] that the inheritance of the mukatab belonged to his heirs. The man said: "What use has my condition been to me for twenty years?" Shurayh replied: "The Book of Allah was revealed to His Prophet fifty years before your condition." The kitaba contract does not become void due to this condition, just as with the one before it.

Section: If he stipulates that he must perform a known service after emancipation, it is permissible. 'Ata' and Ibn Shubruma held this view. Malik and al-Zuhri said: It is not valid, because it contradicts the requirement of the contract, similar to if he had stipulated that he would inherit from him. Our position is that it was reported from 'Umar, may Allah be pleased with him, that he emancipated every person who prays from the Arab captives and stipulated to them: "You shall serve the caliph after me for three years." Also, because he stipulated a service within the kitaba contract, it is similar to if he had stipulated it before emancipation, and because he stipulated a known benefit, it is similar to if he had stipulated a known compensation. We do not concede that it contradicts the requirement of the contract; for its requirement is emancipation upon performance, and this does not contradict it.

Section: If he enters a kitaba contract with him for two thousand [dirhams], with one thousand at the beginning of every month, and stipulates that he shall be emancipated upon the performance of the first [payment], it is valid according to the analogy of the school, and he is emancipated upon his performance of it; because if the master were to emancipate him without the performance of anything, it would be valid, so likewise it is valid if he emancipates him upon the performance of part of it, and the rest remains as a debt upon him after his emancipation, as if he had sold him his own self for it.