the permissibility of contractual manumission, since attaching legal rulings to it establishes its permissibility. As for consensus, the Muslim community does not disagree that contractual manumission is permissible between a slave and his master when its conditions are lawful. Their disagreement concerns its conditions and rulings, whether it becomes obligatory upon the master when the slave requests it, and whether it is binding upon the slave if he refuses it and his master rejects that refusal, as we shall explain, Allah Most High willing.
Section
The first slave under a manumission contract in Islam was “Salmān al-Fārisī. His owners contracted with him to establish two hundred date-palm saplings for them. The Messenger of Allah (may Allah bless him and grant him peace) told him, ‘When you have planted them, let me know.’ Once he had planted them, he informed him, and he supplicated for him concerning them. Not a single sapling died.”
It is also said that the first slave under a manumission contract in Islam was a slave known as Abū Mu’ammal. The Messenger of Allah (may Allah bless him and grant him peace) said, “Help Abū Mu’ammal.” He was then freed and paid off his manumission contract, with some money left over. He asked the Messenger of Allah (peace be upon him) for a ruling concerning it, and he said, “Spend it in Allah’s cause.” It used to be said that goodness is made ready for a slave under a manumission contract.
It is also said that the first slave under a manumission contract in Islam was a slave belonging to ‘Umar ibn al-Khattāb, known as Abū Umayya. When he brought him the first instalment of his contractual payments, ‘Umar ibn al-Khattāb told him, “Take it and use it to help you pay your remaining instalments.” He replied, “Leave that until the final instalment.” ‘Umar said, “I fear I may not live to see that.”
Section
As for the words of Allah, Mighty and Majestic:
“Grant them a contract of emancipation if you know there is good in them.” [al-Nūr: 33]
This is a command intended as encouragement and guidance, not as an obligation or binding requirement, according to the position of Mālik (may Allah have mercy on him) and the majority of scholars. Mālik’s position (may Allah have mercy on him) is that commands are understood to indicate obligation, since obligation is the most apparent