A mukatab who dies leaving a debt and a balance of his contract

Shurayh (may Allah have mercy on him) said concerning a mukatab who dies owing a debt and with some of his kitabah payment still outstanding: his masters take a proportional share, alongside the creditors, according to the installments that have fallen due.

And Hammad said: They take a proportional share according to what has fallen due and what has not fallen due.

Sa'id bin al-Musayyib (may Allah have mercy on him) said that Shurayh (may Allah have mercy on him), although he was a judge, made a mistake. Sayyiduna Zayd bin Thabit (may Allah be pleased with him) used to say: The debt is to be paid before the kitabah amount.

Ibrahim (may Allah have mercy on him) said that if a mukatab slave dies owing a debt, his master will be placed with the creditors and given a share according to the installments that have fallen due. If no installment is immediately due from him, they will begin with the creditors, who will collect their debt. If anything is left over, it goes to the masters until the kitabah amount is completed, and if anything is left over even after the kitabah amount has been paid, it goes to his heirs.

Ibrahim (may Allah have mercy on him) said that his master will be joined with the creditors for whichever of the installments has fallen due.

Al-Hasan (may Allah have mercy on him) said that they will begin with the debt.

Shurayh (may Allah have mercy on him) said that they will begin with the debt.

Al-Sha'bi (may Allah have mercy on him) and al-Hakam said that if a slave owes a debt and some of his kitabah payment is also outstanding, they will look at whichever of the installments has fallen due and at what is owed to his creditors, and divide it according to their shares.

Hasan bin Salih, Sufyan and Ibn Abi Layla (may Allah have mercy on them) said that if a slave dies owing a debt, whatever he owes becomes (immediately) due, and his master will be joined with the creditors for the whole of the kitabah amount.

Sa'id bin al-Musayyib (may Allah have mercy on him) said that Shurayh (may Allah have mercy on him), although he was a judge, made a mistake. Sayyiduna Zayd bin Thabit (may Allah be pleased with him) said that they will begin with the debt.