two positions, since disagreement over some of these cases extends to the others. In Yahyā’s transmission, Ibn al-Qāsim did not permit the manumission contract in the case of the cows, as will be discussed in its proper place in the commentary on the Book of Contractual Manumission in al-‘Utbiyya. In Abū Zayd’s transmission in the same work, however, he permitted a manumission contract requiring the slave to seek out a runaway slave. In al-Mudawwana, he also permitted a manumission contract in return for a slave belonging to so-and-so, whereas Ashhab did not permit this.
If, however, the slave himself owns a slave who has run away, and his master contracts with him for his freedom in return for that runaway slave, then, if he immediately relinquishes all claim to the runaway in his master’s favour, he is free. The runaway slave belongs to the master, whether he finds him or not, since the transaction amounts simply to the master freeing his slave and appropriating the latter’s runaway slave. If, however, he does not relinquish his claim to the runaway in his master’s favour, but instead contracts for his freedom on condition that he seek him out and bring him to his master, then he becomes free if he finds him and brings him within the stipulated term. If the term expires without his finding him, he reverts to slavery, in accordance with the ruling on a slave who defaults on his manumission contract. This is therefore equivalent to a master contracting with his slave for his freedom on condition that he bring him the master’s runaway slave, and is subject to the disagreement already mentioned. Success comes from Allah alone.
Section
When a man enters into a manumission contract with his slave, the slave’s property is thereby protected against his master, who may no longer seize it from him. He is like a slave authorised to trade: he may buy and sell, divide jointly owned property with his partners, and acknowledge debts to persons with whom he is not suspected of collusion. He may not, however, make gifts, give charity or free slaves without his master’s permission. It has also been held that his master may not give him permission to do these things, since they could lead him to consign himself to slavery. Nor may he marry or travel without his master’s permission. This is Mālik’s position in his al-Muwatta’. In al-Mudawwana, he makes an exception for a short journey.
Section
A manumission contract is a binding contract. Once a master concludes such a contract with his slave, it binds them both, and neither has the option of dissolving it. The master may not unilaterally annul his slave’s manumission contract if the slave objects