Mukataba

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In

And let those who do not have the means to marry keep themselves chaste until Allah enriches them out of His bounty. And if any of those ˹bondspeople˺ in your possession desires a deed of emancipation, make it possible for them, if you find goodness in them. And give them some of Allah’s wealth which He has granted you. Do not force your ˹slave˺ girls into prostitution for your own worldly gains while they wish to remain chaste. And if someone coerces them, then after such a coercion Allah is certainly All-Forgiving, Most Merciful ˹to them˺.

— Surah An-Nur 24:33

A slave identified as Subay referred to his master, Sayyidina Huwaytib bin Abdul Izza, for Kitaba, or a letter of manumission, and was promptly refused. The verse in question was thus revealed, and Huwaytib agreed to grant him emancipation if the slave offered him hundred dinars, twenty of which the former later remitted.^[6][7][8]

Hadith

Muhammad al-Bukhari, a major hadith collector, has two books concerning the manumission of a slave; Kitab al-'itq (the book on emancipation), and Kitab al-Mukataba (the book on contracts of manumission) with the latter narrating a single hadith six times with variance in the matn.^[9] The hadith concerns Barira - a slave girl inherited by the sons of Utba bin Abu Lahab - consulting Ayesha in need for payment of the kitaba. Ayesha argued that she could instead buy Barira and set her free herself in return for the latter's wala, but the men refused, stating the wala be for themselves. Muhammad confirmed Ayesha's beliefs.^[10]

Narrated 'Aishah (ra) that Barira came to seek her help writing of emancipation and she had to pay five Uqiya (of gold) by five yearly installments. 'Aishah said to her, "Do you think that if I pay the whole sum at once, your masters will sell you to me, and I will free you and your Wala' will be for me." Barira went to her masters and told them about that offer. They said that they would not agree to it unless her Wala' would be for them. 'Aishah further said, "I went to Allah's Messenger and told him about it." Allah Messenger said to her, "Buy Barira and manumit her and the Wala' will be for the liberator."

Bukhari makes mention of a slave known as Sirin, who owned some wealth, requesting emancipation from Musa bin Anas; who supposedly refused granting the contract. Umar, after being consulted by the slave, ordered that Musa was to be lashed, verbalizing the expression, "Give them such a contract if ye find any good in them."^[11][12][13]

Al-Bukhari said: “Rawh narrated from Ibn Jurayj: `I said to `Ata’, “If I know that my servant has money, is it obligatory for me to write him a contract of emancipation” He said, “I do not think it can be anything but obligatory” `Amr bin Dinar said: “I said to `Ata’, `Are you narrating this from anybody’ He said, `No,’ then he told me that Musa bin Anas told him that Sirin, who had a lot of money, asked Anas for a contract of emancipation and he refused. So he went to `Umar (bin Al-Khattab), may Allah be pleased with him, and he said, `Write it for him.’ He refused, so `Umar hit him with his whip and recited, (give them such writing, if you find that there is good and honesty in them.) Then he wrote the contract”

Ibn Kathir believes Bukhari's narration is disconnected, but Abdur Razzaq's one to be Saheeh. The following changes were added in the latter one: "Ibn Jarir recorded that Sirin wanted Anas bin Malik to write a contract of emancipation and he delayed, then `Umar said to him, 'You should certainly write him a contract of emancipation.'"^[11]

Islamic Law

Early Islam

According to

Maududi highlights the affirmation regarding the obligation by citing the Ahadith recounted by Abdur Razzaq and Bukhari in reference to a slave mentioned as Sirin, who owned some wealth, requesting emancipation from Musa bin Anas; who supposedly refused granting the contract. Umar, after being consulted by the slave, ordered that Musa was to be lashed, verbalizing the expression, "Give them such a contract if ye find any good in them."[11] Maududi states that the argument against this proposes that only one incident was not sufficient enough to be declared as evidence for such a claim.^[3] He retorts that, "All that can be said is that Umar, apart from his position of a judge, was like a father to the Muslims and might have used his paternal authority in a matter where he could not intervene as a judge.^[3]

Maududi claims that the phrase, "if ye know any good in them:" renders this as upon the master to decide due to its subjectivity, and a lack of fix standard as to what qualifies as "good."^[3]

Most Muslim scholars forbid selling the slave after concluding the mukataba; the Hanbalis, who disagree with this view, maintain that the purchaser inherits the obligation to liberate the mukatab under the terms of the contract of enfranchisement.[1] The owner cannot marry a mukatab without his or her consent.^[18] Islamic law prohibits concubinage with a female slave who has concluded a mukataba.^[1]

See also

• Islamic views on slavery

Notes

References

• P.J. Bearman; Th. Bianquis;
  ISSN 1573-3912
  .
• Gordon, Murray. Slavery in the Arab World. New Amsterdam Press, New York, 1989. Originally published in French by Editions Robert Laffont, S.A. Paris, 1987.
• Lewis, Bernard. Race and Slavery in the Middle East. Oxford University Press, 1990.
• ISBN 0-19-825473-3
• Dursteler, Eric R. Venetians in Constantinople: Nation, Identity, and Coexistence in the Early Modern Mediterranean. Johns Hopkins University Press, 2006,
  ISBN 0-8018-8324-5
• Ahmad A. Sikainga, Shari'a Courts and the Manumission of Female Slaves in the Sudan 1898-1939,

The International Journal of African Historical Studies > Vol. 28, No. 1 (1995), pp. 1–24