When the mudabbar is emancipated, the mother of his child is freed together with him and henceforth enjoys the status of an umm walad. If the master, unaware of the ruling, sells his mudabbar, the sale is void; he must refund the price he has received and the slave returns to him still under tadbīr. Should the slave suffer a defect while in the buyer’s possession, the buyer is liable for the compensatory payment for that injury. If the buyer then sets him free, two reports from Mālik exist: the better known states that the manumission is valid and cannot be rescinded, while the other considers it invalid and therefore annulled.
If the mudabbar dies while with the buyer, his value is assessed as of the day of sale—balancing hope of life and fear of death—and that amount is charged to the seller; with it another slave is purchased and placed under tadbīr. Some jurists say that once he dies in the buyer’s hands the right of return has lapsed. It is recommended that the seller invest any surplus of the sale price over the appraised value in another comparable mudabbar, rescind the sale, and refund the buyer in full. Others maintain that the slave’s death, like his manumission, releases the buyer from liability for his value, by analogy with the case of an umm walad.
If the mudabbar’s master dies leaving no property other than the mudabbar, yet the slave himself possesses wealth, one-third of the slave is set free, his property remains with him, and the heirs may not seize it.
When two people share ownership of a slave and one of them places his share under tadbīr, the other partner may, if he wishes, surrender his share to the mudabbar in exchange for half the slave’s price, in which case the entire slave becomes mudabbar. If he refuses, both partners are compelled to have the slave appraised. Should the partner who instituted the tadbīr acquire the remaining share, the whole slave is mudabbar; if the other partner acquires it, the tadbīr is nullified—though some hold that only half the slave loses that status. The first view is Mālik’s.
If one partner places his share under tadbīr and the other later emancipates his share outright, the former must reimburse him the appraised value and the whole slave is freed; another opinion from Mālik is that no compensation is due, because this would amount to selling the right of walāʾ.
When the mudabbar is killed, his value is payable to his master. If he dies a natural death, the master inherits from him by virtue of his slavery. Should he be injured, the compensation for that injury belongs to his master, and he is valued as a slave, for his ultimate status remains uncertain. And if the mudabbar himself inflicts an injury or commits any offense,