Regarding a Mukatab Whose Master Conditions That He Neither Leaves the City Nor Marries

Hasan says that if a man places a condition on a mukatab that he will neither leave the city nor get married, then this condition is invalid. He can go wherever he wants and can also get married.

Ibrahim says that you impose such conditions on the mukatab which are not permissible for you; you stipulate that he should not go outside the city and should not marry. He can go outside the city and he can also marry.

It is also narrated in the same way through another chain.

Hazrat Jabir narrates that the owners of the slave with a contract of manumission will receive what they stipulated, and what they have taken has become theirs.

Hazrat Saeed bin Jubair says that if he wishes, he can go.

Hazrat Sha'bi says that if a person stipulates that a mukatab cannot leave the city, then this condition is not valid; he can leave. Hazrat Sufyan says that he cannot go without the master's permission.

21381 - Waki‘ said (1): Sufyan said (2): He should not go out except with the permission of his master.

Hazrat Muhammad bin Abi Yahya states that my mother told me that her grandfather, Abdullah bin Qais Aslami, had some contracted servants. When they intended to go to Basra, Abdullah bin Qais forbade them. My grandfather went to Hazrat Uthman (may Allah be pleased with him) and asked about the matter, so he said that you cannot forbid them. Therefore, they were allowed to go.

Hazrat Jabir says that if a person sets a condition for a mukatab (contracted slave) that he cannot go outside the city and cannot marry, then this condition is not acceptable.

Ibrahim states that the predecessors considered it disliked to impose such conditions on a mukatab that would cause him harm, such as not allowing him to leave the city or not allowing him to marry.