Muwatta Imam Malik (Riwayat Yahya)

Buy it. Because this purchase is like division, and it is not permissible for a mukatab to divide with his partner except with the permission of the other partners, and by purchasing such a portion, he does not attain complete freedom, nor does he have control over his wealth. Rather, in purchasing a small portion, there is also the concern that he may become incapable, because his wealth will be spent in this purchase, and this is not like the case where the mukatab buys himself completely. However, in the situation where the remaining partners also give permission, then he has more right than others to purchase that share.

Imam Malik, may Allah have mercy on him, said that the sale of the installment of a mukatab is not valid, because there is deception in it. This is because if the mukatab becomes incapable, then the money that was due from him becomes void. And if the mukatab dies or becomes insolvent and there are debts upon him from people, then the person who bought his installment will not be equal to the creditors, rather he will be like the master of the mukatab, and the master is not equal to the creditors of the mukatab. Similarly, if the kharaj of the master accumulates upon the slave, even then the master will not be equal to the creditors.

Imam Malik, may Allah have mercy on him, said that if a mukatab buys his contract of manumission with cash money in exchange for gold coins, or in exchange for some goods that are not of the same type as the contract of manumission, or of the same type but deferred or immediate, then it is permissible.

Imam Malik, may Allah have mercy on him, said that if a mukatab dies and leaves behind his umm walad and young children, whether from the same umm walad or from another woman, and the children are not capable of labor and there is fear that they will be unable to fulfill the contract of manumission, then the umm walad will be sold, provided her price is sufficient to fully pay off the contract of manumission. Because if the mukatab feared incapacity, he could have sold this umm walad; similarly, when there is fear of incapacity for the children, their father's umm walad will be sold, and they will be freed. If the price of this umm walad is not sufficient to cover the contract of manumission, and neither the umm walad nor the children of the mukatab are able to work, then all of them will become slaves of their master.

Imam Malik, may Allah have mercy on him, said that if a person buys the contract of a mukatab and then the mukatab dies before paying off his contract, then the person who bought the contract will be his heir. If the mukatab becomes incapable, he will become the slave of that person. And if the mukatab pays the price of the contract to that person and then becomes incapable, then the wala’ will go to the one who originally made him a mukatab, not to the one who bought his contract.