Regarding His saying, Exalted is He: “And those of your slaves who seek an emancipation contract”: that is, those who seek a manumission contract. “Then make such a contract with them.” The reason for the revelation of this verse is what has been narrated: a slave belonging to Huwaitib ibn Abd al-Uzza asked his master to enter into a manumission contract with him, but he refused. So Allah revealed this verse, and Huwaitib contracted with him for one hundred dinars, remitting twenty dinars of it for him. He paid it, and was killed in battle on the day of Hunayn. (1)

A manumission contract is for a man to say to his slave, “I have contracted with you for such-and-such an amount of money,” specifying a known sum to be paid in two installments, or in specified installments, with such-and-such an amount due in each installment: “When you have paid it, you are free.” The slave accepts this, and once he has paid the money, he is emancipated. Upon entering the contract, the slave has the greater right to his earnings ⦗40/a⦘; when he is emancipated upon payment of the money, whatever surplus wealth remains in his possession belongs to him. His children who come into being during the period of the contract follow him in emancipation.

If he is unable to pay the money, his master may rescind his contract and return him to slavery, and whatever wealth is in his possession belongs to his master. This is based on what Abu al-Hasan al-Sarakhsi informed us: Zahir ibn Ahmad informed us; Abu Ishaq al-Hashimi informed us; Abu Musab informed us, from Malik, from Nafi, that Abdullah ibn Umar used to say: “A slave under a manumission contract remains a slave as long as anything of his contracted payment remains due.” (2) Amr ibn Shuayb also narrated it from his father, from his grandfather, traced back to the Prophet: “A slave under a manumission contract remains a slave as long as even one dirham of his contracted payment remains due.” (3) (4)

Some scholars held that His saying, “Then make such a contract with them,” is a command denoting obligation: the master must enter into a manumission contract with his slave if he knows goodness in him and the slave requests it, for an amount equal to the slave’s value or greater. If he requests it for less than his value, however, this is not obligatory. This was the view of Ata and Amr ibn Dinar. They also cited the report that Sirin asked Anas ibn Malik to enter into a manumission contract with him, but Anas delayed. Sirin complained to Umar, who struck Anas with his whip and ordered him to make the contract, so he did so. (5)

Most scholars, however, held that it is a command denoting recommendation and desirability. According to al-Shafii, a manumission contract cannot be concluded for fewer than two installments, because it is a contract legislated as a facilitation for the slave; and part of that facilitation is for the payment to be deferred, so that he may pay it gradually and the intended purpose may be achieved, just as with blood money in the case of a killing that is