| MuwataMalik-017-001-34977 | | Malik related to me that he heard that Urwa Ibn AlZubair and Sulayman Ibn Yasar when asked whether the sons of a man; who had a kitaba written for himself and his children and then died; worked for the kitaba of their father or were slaves; said; They work for the kitaba of their father and they have no reduction at all for the death of their father. Malik said; If they are small and unable to work; one does not wait for them to grow up and they are slaves of their father master unless the mukatab has left what will pay their instalments for them until they can work. If there is enough to pay for them in what he has left; that is paid for on their behalf and they are left in their condition until they can work; and then if they pay; they are free. If they cannot do it; they are slaves. Malik spoke about a mukatab who died and left property which was not enough to pay his kitaba; and he also left a child with him in his kitaba and an umm walad; and the umm walad wanted to work for them. He said; The money is paid to her if she is trustworthy with it and strong enough to work. If she is not strong enough to work and not trustworthy with property; she is not given any of it and she and the children of the mukatab revert to being slaves of the master of the mukatab. Malik said; If people are written together in one kitaba and there is no kinship between them; and some of them are incapable and others work until they are all set free; those who worked can claim from those who were unable; the portion of what they paid for them because some of them assumed the responsibility for others. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-34978 | | Malik related to me that he heard Rabia Ibn Abi Abdulrahman and others mention that AlFurafisa Ibn Umar AlHanafi had a mukatab who offered to pay him all of his kitaba that he owed. AlFurafisa refused to accept it and the mukatab went to Marwan Ibn AlHakam who was the amir of Madina and brought up the matter. Marwan summoned AlFurafisa and told him to accept. He refused. Marwan then ordered that the payment be taken from the mukatab and placed in the treasury. He said to the mukatab Go; you are free. When AlFurafisa saw that; he took the money. Malik said; What is done among us when a mukatab pays all the instalments he owes before their term; is that it is permitted to him. The master cannot refuse him that. That is because payment removes every condition from the mukatab as well as service and travel. The setting free of a man is not complete while he has any remaining slavery; and neither would his inviolability as a free man be complete and his testimony permitted and inheritance obliged and such things in that situation. His master must not make any stipulation of service on him after he has been set free. Malik said that it was permitted for a mukatab who became extremely ill and wanted to pay his master all his instalments because his heirs who were free would then inherit from him and he had no children with him in his kitaba; to do so; because by that he completed his inviolability as a free man; his testimony was permitted; and his admission of what he owed of debts to people was permitted. His bequest was permitted as well. His master could not refuse him that by saying; He is escaping from me with his property. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-34980 | | Malik spoke to me about a man who wrote a kitaba for his slave for gold or silver and stipulated against him in his kitaba a journey; service; sacrifice or similar; which he specified by its name; and then the mukatab was able to pay all his instalments before the end of the term. He said; If he pays all his instalments and he is set free and his inviolability as a free man is complete; but he still has this condition to fulfil; the condition is examined; and whatever involves his person in it; like service or a journey etc.; is removed from him and his master has nothing in it. Whatever there is of sacrifice; clothing; or anything that he must pay; that is in the position of dinars and dirhams; and is valued and he pays it along with his instalments; and he is not free until he has paid that along with his instalments. Malik said; The generally agreed-on way of doing things among us about which there is no dispute; is that a mukatab is in the same position as a slave whom his master will free after a service of ten years. If the master who will free him dies before ten years; what remains of his service goes to his heirs and his wala goes to the one who contracted to free him and to his male children or paternal relations. Malik spoke about a man who stipulated against his mukatab that he could not travel; marry; or leave his land without his permission; and that if he did so without his permission it was in his power to cancel the kitaba. He said; If the mukatab does any of these things it is not in the man power to cancel the kitaba. Let the master put that before the Sultan. The mukatab; however; should not marry; travel; or leave the land of his master without his permission; whether or not he stipulates that. That is because the man may write a kitaba for his slave for 100 dinars and the slave may have 1000 dinars or more than that. He goes off and marries a woman and pays her bride-price which sweeps away his money and then he cannot pay. He reverts to his master as a slave who has no property. Or else he may travel and his instalments fall due while he is away. He cannot do that and kitaba is not to be based on that. That is in the hand of his master. If he wishes; he gives him permission in that. If he wishes; he refuses it. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-34981 | | Malik said; When a mukatab sets his own slaves free; it is only permitted for a mukatab to set his own slaves free with the consent of his master. If his master gives his consent and the mukatab sets his slave free; his wala goes to the mukatab. If the mukatab then dies before he has been set free himself; the wala of the freed slave goes to the master of the mukatab. If the freed one dies before the mukatab has been set free; the master of the mukatab inherits from him. Malik said; It is like that also when a mukatab gives his slave a kitaba and his mukatab is set free before he is himself. The wala goes to the master of the mukatab as long as he is not free. If this one who wrote the kitaba is set free; then the wala of his mukatab who was freed before him reverts to him. If the first mukatab dies before he pays; or he cannot pay his kitaba and he has free children; they do not inherit the wala of their father mukatab because the wala has not been established for their father and he does not have the wala until he is free. Malik spoke about a mukatab who was shared between two men and one of them forewent what the mukatab owed him and the other insisted on his due. Then the mukatab died and left property. Malik said; The one who did not abandon any of what he was owed; is paid in full. Then the property is divided between them both just as if a slave had died because what the first one did was not setting him free. He only abandoned a debt that was owed to him. Malik said; One clarification of that is that when a man dies and leaves a mukatab and he also leaves male and female children and one of the children frees his portion of the mukatab; that does not establish any of the wala for him. Had it been a true setting free; the wala would have been established for whichever men and women freed him. Malik said; Another clarification of that is that if one of them freed his portion and then the mukatab could not pay; the value of what was left of the mukatab would be altered because of the one who freed his portion. Had it been a true setting-free; his estimated value would have been taken from the property of the one who set free until he had been set completely free as the Messenger of Allah; may Allah bless him and grant him peace; said; Whoever frees his share in a slave and has money to cover the full price of the slave; justly evaluated for him; gives his partners their shares. If not; he frees of him what he frees. See Book 37 hadith 1. He said; Another clarification of that is that part of the sunna of the muslims in which there is no dispute; is that whoever frees his share of a mukatab; the mukatab is not set fully free using his property. Had he been truly set free; the wala would have been his alone rather than his partners. Part of what will clarify that also is that part of the sunna of the muslims is that the wala belongs to whoever writes the contract of kitaba. The women who inherit from the master of the mukatab do not have any of the wala of the mukatab. If they free any of their share; the wala belongs to the male children of the master of the mukatab or his male paternal relations. | The Chapter on Freed And Inheritance Of Slaves in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-34982 | | Malik said; If people are together in one kitaba; their master cannot free one of them without consulting his companions who are with him in the kitaba and obtaining their consent. If they are young; however; their consultation means nothing and it is not permitted to them. That is because a man might work for all the people and he might pay their kitaba for them to complete their freedom. Their master approaches the one who will pay for them and their rescue from slavery is through him. He frees him and so makes those who remain unable to pay. He does it intending benefit and increase for himself. It is not permitted for him to do that to those of them who remain. The Messenger of Allah; may Allah bless him and grant him peace; said; There must be no harm nor return of harm. This is the most severe harm. Malik said about slaves who wrote a kitaba together that it was permitted for their master to free the old and exhausted of them and the young when neither of them could pay anything; and there was no help nor strength to be had from any of them in their kitaba. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-34983 | | Malik said about a man who had his slave in a kitaba and then the mukatab died and left his umm walad; and there remained for him some of his kitaba to pay and he left what would pay it; The umm walad is a slave since the mukatab was not freed until he died and he did not leave children that were set free by his paying what remained; so that the umm walad of their father was freed by their being set free. Malik said about a mukatab who set free a slave of his or gave sadaqa with some of his property and his master did not know that until he had set the mukatab free; That has been performed by him and the master does not rescind it. If the master of the mukatab knows before he sets the mukatab free; he can reject that and not permit it. If the mukatab is then freed and it becomes in his power to do so; he does not have to free the slave; nor give the sadaqa unless he does it voluntarily from himself. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-34984 | | Malik said; The best of what I have heard about a mukatab whose master frees him at death; is that the mukatab is valued according to what he would fetch if he were sold. If that value is less than what remains against him of his kitaba; his freedom is taken from the third that the deceased can bequeath. One does not look at the number of dirhams which remain against him in his kitaba. That is because had he been killed; his killer would not be in debt for other than his value on the day he killed him. Had he been injured; the one who injured him would not be liable for other than the blood-money of the injury on the day of his injury. One does not look at how much he has paid of dinars and dirhams of the contract he has written because he is a slave as long as any of his kitaba remains. If what remains in his kitaba is less than his value; only whatever of his kitaba remains owing from him is taken into account in the third of the property of the deceased. That is because the deceased left him what remains of his kitaba and so it becomes a bequest which the deceased made. Malik said; The illustration of that is that if the price of the mukatab is one thousand dirhams; and only one hundred dirhams remain of his kitaba; his master leaves him the one hundred dirhams which complete it for him. It is taken into account in the third of his master and by it he becomes free. Malik said that if a man wrote his slave a kitaba at his death; the value of the slave was estimated. If there was enough to cover the price of the slave in one third of his property; that was permitted for him. Malik said; The illustration of that is that the price of the slave is one thousand dinars. His master writes him a kitaba for two hundred dinars at his death. The third of the property of his master is one thousand dinars; so that is permitted for him. It is only a bequest which he makes from one third of his property. If the master has left bequests to people; and there is no surplus in the third after the value of the mukatab; one begins with the mukatab because the kitaba is setting free; and setting free has priority over bequests. When those bequests are paid from the kitaba of the mukatab; they follow it. The heirs of the testator have a choice. If they want to give the people with bequests all their bequests and the kitaba of the mukatab is theirs; they have that. If they refuse and hand over the mukatab and what he owes to the people with bequests they can do that; because the third commences with the mukatab and because all the bequests which he makes are as one. If the heirs then say; What our fellow bequeathed was more than one third of his property and he has taken what was not his; Malik said; His heirs choose. It is said to them; Your companion has made the bequests you know about and if you would like to give them to those who are to receive them according to the deceased bequests; then do so. If not; hand over to the people with bequests one third of the total property of the deceased. Malik continued; If the heirs surrender the mukatab to the people with bequests; the people with bequests have what he owes of his kitaba. If the mukatab pays what he owes of his kitaba; they take that in their bequests according to their shares. If the mukatab cannot pay; he is a slave of the people with bequests and does not return to the heirs because they gave him up when they made their choice; and because when he was surrendered to the people with bequests; they were liable. If he died; they would not have anything against the heirs. If the mukatab dies before he pays his kitaba and he leaves property which is more than what he owes; his property goes to the people with bequests. If the mukatab pays what he owes; he is free and his wala returns to the paternal relations of the one who wrote the kitaba for him. Malik spoke about a mukatab who owed his master ten thousand dirhams in his kitaba; and when he died he remitted one thousand dirhams from it. He said; The mukatab is valued and his value is taken into consideration. If his value is one thousand dirhams and the reduction is a tenth of the kitaba; that portion of the slave price is one hundred dirhams. It is a tenth of the price. A tenth of the kitaba is therefore reduced for him. That is converted to a tenth of the price in cash. That is as if he had had all of what he owed reduced for him. Had he done that; only the value of the slave - one thousand dirhams - would have been taken into account in the third of the property of the deceased. If that which he had remitted is half of the kitaba; half the price is taken into account in the third of the property of the deceased. If it is more or less than that; it is according to this reckoning. Malik said; When a man reduces the kitaba of his mukatab by one thousand dirhams at his death from a kitaba of ten thousand dirhams; and he does not stipulate whether it is from the beginning or the end of his kitaba; each instalment is reduced for him by one tenth. Malik said; If a man remits one thousand dirhams from his mukatab at his death from the beginning or end of his kitaba; and the original basis of the kitaba is three thousand dirhams; the mukatab cash value is estimated. Then that value is divided. That thousand which is from the beginning of the kitaba is converted into its portion of the price according to its proximity to the term and its precedence and then the thousand which follows the first thousand is according to its precedence also until it comes to its end; and every thousand is paid according to its place in advancing and deferring the term because what is deferred of that is less in respect of its price. Then it is placed in the third of the deceased according to whatever of the price befalls that thousand according to the difference in preference of that; whether it is more or less; then it is according to this reckoning. Malik spoke about a man who willed a man a fourth of a mukatab or freed a fourth; and then the man died and the mukatab died and left a lot of property; more than he owed. He said; The heirs of the first master and the one who was willed a fourth of the mukatab are given what they are still owed by the mukatab. Then they divide what is left over; and the one willed a fourth has a third of what is left after the kitaba is paid. The heirs of his master gets two-thirds. That is because the mukatab is a slave as long as any of his kitaba remains to be paid. He is inherited from by the possession of his person. Malik said about a mukatab whose master freed him at death; If the third of the deceased will not cover him; he is freed from it according to what the third will cover and his kitaba is decreased according to that. If the mukatab owed five thousand dirhams and his value is two thousand dirhams cash; and the third of the deceased is one thousand dirhams; half of him is freed and half of the kitaba has been reduced for him. Malik said about a man who said in his will; My slave so-and-so is free and write a kitaba for so-and- so; that the setting free had priority over the kitaba. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-35033 | | Yahya related to me from Malik from Nafi from Abdullah Ibn Umar that Umar Ibn AlKhattab said; If a slave who has wealth is sold; that wealth belongs to the seller unless the buyer stipulates its inclusion. Malik said; The generally agreed upon way of doing things among us is that if the buyer stipulates the inclusion of the slave property whether it be cash; debts; or goods of known or unknown value; then they belong to the buyer; even if the slave possesses more than that for which he was purchased; whether he was bought for cash; as payment for a debt; or in exchange for goods. This is possible because a master is not asked to pay zakat on his slave property. If a slave has a slave-girl; it is halal for him to have intercourse with her by his right of possession. If a slave is freed or put under contract kitaba to purchase his freedom; then his property goes with him. If he becomes bankrupt; his creditors take his property and his master is not liable for any of his debts. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Setting Free and Wala in Muwata Malik |
| MuwataMalik-017-001-35241 | | Malik said; Neither a free man nor a slave who divorces a slave- girl nor a slave who divorces a free woman; in an irrevocable divorce; is obliged to pay maintenance even if she is pregnant; and he cannot return to her. Malik said; A free man is not obliged to pay for the suckling of his son when he is a slave of other people; nor is a slave obliged to spend his money for what his master owns except with the permission of his master. | The Chapter on Partners And Share In Salves in HodHood Indexing, The Book of The Mudabbar in Muwata Malik |
| MuwataMalik-017-001-35303 | | 108 Yahya related to me from Malik that he had heard that the Messenger of Allah; may Allah bless him and grant him peace; visited Umm Salamah while she was in mourning for Abu Salama and she had put aloes on her eyes. He said; What is this; Umm Salama? She said; It is only aloes; Messenger of Allah. He said; Put it on at night and wipe it off in the daytime. Malik said; The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies. Malik said; A slave-girl mourns her husband when he dies for two months and five nights like her idda. Malik said; An umm walad does not have to mourn when her master dies; and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands. | The Chapter on Slaves And Praise And Worship in HodHood Indexing, The Book of Slaughtering Animals in Muwata Malik |
| MuwataMalik-017-001-35426 | | Yahya related to me from Malik that it reached him that a slave of Abdullah Ibn Umar escaped and one of his horses wandered off; and the idol worshippers seized them. Then the Muslims recaptured them; and they were returned to Abdullah Ibn Umar; before the division of the spoils took place. I heard Malik say about muslim property that had been seized by the enemy; If it is noticed before the distribution; then it is returned to itsowner. Whatever has already been distributed is not returned to anyone. Malik; when asked about a man whose young male slave was taken by the idol worshippers and then the Muslims re-captured him; said; The owner is more entitled to him without having to pay his price or value or having to incur any loss before the distribution takes place. If the distribution has already taken place then I think that the slave belongs to his master for his price if the master wants him back. Regarding an umm walad of a Muslim man who has been taken by the idol worshippers and then recaptured by the Muslims and allotted in the distribution of spoils and then recognised by her master after the distribution; Malik said; She is not to be enslaved. I think that the Imam should pay a ransom for her for her master. If he does not do it; then her master must pay a ransom for her and not leave her. I do not think that she should be made a slave by whoever takes her and intercourse with her is not halal. She is in the position of a free woman because her master would be required to pay compensation if she injured somebody and so she is in the same position as a wife. He must not leave the mother of his son to be enslaved nor may intercourse with her be made halal. Malik was asked about a man who went to enemy territory to pay ransom or to trade; and he bought a free man or a slave; or they were given to him. He said; As for the free man; the price he buys him for is a debt against the man and he is not made a slave. If the captive is given to him freely; he is free and owes nothing unless the man gave something in recompense for him. That is a debt against the free man; the same as if a ransom had been paid for him. As for a slave; his former master can choose to take him back and pay his price to the man who bought him or he can choose to leave him; as he wishes. If he was given to the man; the former master is more entitled to him; and he owes nothing for him unless the man gave something for him in recompense. Whatever he gave for him is a loss against the master if he wants him back. | The Chapter on Slaves And Praise And Worship in HodHood Indexing, The Book of Divorce in Muwata Malik |
| MuwataMalik-017-001-35601 | | Yahya related to me from Malik from Nafi that Abdullah Ibn Umar used to pay the zakat Alfitr for those slaves of his that were at Wadil-Qura and Khaybar. Yahya related to me that Malik said; The best that I have heard about the zakat Alfitr is that a man has to pay for every person that he is responsible for supporting and whom he must support. He has to pay forall his mukatabs; his mudabbars; and his ordinary slaves; whether they are present or absent; as long as they are muslim; and whether or not they are fortrade. However; he does not have to pay zakat on any of them that are not muslim. Malik said; concerning a runaway slave; I think that his master should pay the zakat fo rhim whether or not he knows where he is; if it has not been long since the slave ran away and his master hopes that he is still alive and will return. If it has been a long time since he ran away and his master has despaired of him returning then I do not think that he should pay zakat for him. Malik said; The zakat Alfitr has to be paid by people living in the desert i.e. nomadic people just as it has to be paid by people living in villages i.e. settled people ; because the Messenger of Allah; may Allah bless him and grant him peace; made the zakat Alfitr at the end of Ramadan obligatory on every muslim; whether freeman or slave; male or female. | The Chapter on Zakat And Slaves in HodHood Indexing, The Book of Hajj in Muwata Malik |
