| MuwataMalik-017-001-34919 | | Yahya said that he heard Malik say; What is done in our community about a man who rents an animal for a journey to a specified place and then he goes beyond that place and further; is that the owner of the animal has a choice. If he wants to take extra rent for his animal to cover the distance overstepped; he is given that on top of the first rent and the animal is returned. If the owner of the animal likes to sell the animal from the place where he over-steps; he has the price of the animal on top of the rent. If; however; the hirer rented the animal to go and return and then he overstepped when he reached the city to which he rented him; the owner of the animal only has half the first rent. That is because half of the rent is going; and half of it is returning. If he oversteps with the animal; only half of the first rent is obliged for him. Had the animal died when he reached the city to which it was rented; the hirer would not be liable and the renter would only have half the rent. Malik said; That is what is done with people who overstep and dispute about what they took the animal for. Malik said; It is also like that with some one who takes qirad-money from his companion. The owner of the property says to him; Do not buy such-and-such animals or such- and-such goods. He names them and forbids them and disapproves of his money being invested in them. The one who takes the money then buys what he was forbidden. By that; he intends to be liable for the money and take the profit of his companion. When he does that; the owner of the money has an option. If he wants to enter with him in the goods according to the original stipulations between them about the profit; he does so. If he likes; he has his capital guaranteed against the one who took the capital and over stepped the mark. Malik said; It is also like that with a man with whom another man invests some goods. The owner of the property orders him to buy certain goods for him which he names. He differs; and buys with the goods something other than what he was ordered to buy. He exceeded his orders. The owner of the goods has an option. If he wants to take what was bought with his property; he takes it. If he wants the partner to be liable for his capital he has that. | The Chapter on Forbidden Financial Transaction in HodHood Indexing, The Book of The Evil Eye in Muwata Malik |
| MuwataMalik-017-001-34944 | | Yahya said that he heard Malik speak about a man who died and left properties in Aliya and Safila outlying districts of Madina. He said; Unirrigated naturally watered land is not in the same category as irrigated land unless the family are satisfied with that. Unirrigated land is only in the same category as land with a spring when it resembles it. When the properties are in one land; and are close together; each individual property is evaluated and then divided between the heirs. Dwellings and houses are in the same position. | The Chapter on Farming And Irrigation Fruits in HodHood Indexing, The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik |
| MuwataMalik-017-001-34952 | | Malik related to me from Ibn Shihab from Urwa Ibn AlZubair that Aisha; the wife of the Prophet; may Allah bless him and grant him peace; said; Abu Bakr AlSiddiq gave me palm trees whose produce was twenty awsuq from his property at AlGhaba. When he was dying; he said; By Allah; little daughter; there is no one I would prefer to be wealthy after I die than you. There is no one it is more difficult for me to see poor after I die than you. I gave you palm-trees whose produce is twenty awsuq. Had you cut them and taken possession of them; they would have been yours; but today they are the property of the heirs; and they are your two brothers and your two sisters; so divide it according to the Book of Allah. Aisha continued; I said; My father! By Allah; even if it had been more; I would have left it. There is only Asma. Who is my other sister? Abu Bakr replied; What is in the womb of Kharija? Kharija was the wife of Abu Bakr brother from the Ansar. I think that it is going to be a girl. | The Chapter on Family And Judgments in HodHood Indexing, The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik |
| MuwataMalik-017-001-34956 | | Yahya said that he heard Malik say; The way of doing things in our community about which there is no dispute; is that if a man gives sadaqa to his son - sadaqa which the son takes possession of or which is in the father keeping and the father has had his sadaqa witnessed; he cannot take back any of it because he cannot reclaim any sadaqa. Yahya said that he heard Malik say; The generally agreed-on way of doing things in our community in the case of someone who gives his son a gift or grants him a gift which is not sadaqa is that he can take it back as long as the child does not start a debt; which people claim from him; and which they trust him for on the strength of the gift his father has given him. The father cannot take back anything from the gift after debts are started against it. If a man gives his son or daughter something and a woman marries the man; and she only marries him for the wealth and the property which his father has given him and so the father wants to take that back; or; if a man marries a woman whose father has given her a gift and he marries her with an increased bride-price because of the wealth and property that her father has given; then the father says; I will take that back; then the father cannot take back any of that from the son or daughter if it is as I have described to you. | The Chapter on Charity To Brothers And Mother in HodHood Indexing, The Book of The Description of the Prophet may Allah Bless Him and Grant Him Peace in Muwata Malik |
| MuwataMalik-017-001-34967 | | Malik related to me from Said Ibn Amr Shurahbil Ibn Said Ibn Sad Ibn Ubada from his father that his father said; Sad Ibn Ubada went out with the Messenger of Allah; may Allah bless him and grant him peace; in one of his raids and his mother was dying in Madina. Someone said to her; Leave a testament. She said; In what shall I leave a testament? The property is Sad property. Then she died before Sad returned. When Sad Ibn Ubada returned; that was mentioned to him. Sad said; Messenger of Allah! Will it help her if I give sadaqa for her? The Messenger of Allah; may Allah bless him and grant him peace; said; Yes Sad said; Such-and-such a garden is sadaqa for her; naming the garden. | The Chapter on Peace And Killing in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-34971 | | Malik related to me that he had heard that Urwa Ibn AlZubair and Sulayman Ibn Yasar said; The mukatab is a slave as long as any of his kitaba remains to be paid. Malik said; This is my opinion as well. Malik said; If a mukatab dies and leaves more property than what remains to be paid of his kitaba and he has children who were born during the time of his kitaba or whose kitaba has been written as well; they inherit any property that remains after the kitaba has been paid. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-34972 | | Malik related to me from Humayd Ibn Qays AlMakki that a son of AlMutawakkil had a mukatab who died at Makka and left enough to pay the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case; so he wrote to Abd AlMalik Ibn Marwan to ask him about it. Abd AlMalik wrote to him; Begin with the debts owed to people; and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master. Malik said; What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge; when someone asked about that and mentioned that Allah the Blessed; the Exalted; said; Give them their kitaba; if you know some good in them Surat 24 ayat 33 recited these two ayats; When you are free of the state of ihram; then hunt for game. Surat 5 ayat 3 When the prayer is finished; scatter in the land and seek Allah favour. Surat 62 ayat 10 Malik commented; It is a way of doing things for which Allah; the Mighty; the Majestic; has given permission to people; and it is not obligatory for them. Malik said; I heard one of the people of knowledge say about the word of Allah; the Blessed; the Exalted; Give them of the wealth which Allah has given you; that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount. Malik said; This is what I have heard from the people of knowledge and what I see people doing here. Malik said; I have heard that Abdullah Ibn Umar gave one of his slaves his kitaba for 35;000 dirhams; and then reduced the end of his kitaba by 5;000 dirhams. Malik said; What is done among us is that when a master gives a mukatab his kitaba; the mukatab property goes with him but his children do not go with him unless he stipulates that in his kitaba. Yahya said; I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him; and neither he nor his master knew that on the day he was given his kitaba; the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl; she belonged to the mukatab because she was his property. Malik said that if a man and his wife son by another husband inherited a mukatab from the wife and the mukatab died before he had completed his kitaba; they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died; his inheritance went to the son of the woman; and the husband had nothing of his inheritance. Malik said that if a mukatab gave his own slave a kitaba; the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him; that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba; that was permitted for him. Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him; she had an option. If she liked she could be an umm walad. If she wished; she could confirm her kitaba. If she did not conceive; she still had her kitaba. Malik said; The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share; whether or not his companion gives him permission to do so; unless they both write the kitaba together; because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself; and then the one who had given a kitaba for half of him was not obliged to complete his setting free; that would be in opposition to the words of the Messenger of Allah; may Allah bless him and grant him peace. If someone frees his share in a slave and has enough money to cover the full price of the slave; justly evaluated for him; he must give his partners their shares; so the slave is completely free. Malik said; If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him; and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state. Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed; and the other refused to defer it; and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba; They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba; each of them takes what remains to them of the kitaba; and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did; the slave is still divided equally between them; and he does not return to his associates the excess of what he has exacted; because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay; he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-34973 | | Malik said; The generally agreed on way of doing things among us is that when slaves write their kitaba together in one kitaba; and some are responsible for others; and they are not reduced anything by the death of one of the responsible ones; and then one of them says; I cant do it; and gives up; his companions can use him in whatever work he can do and they help each other with that in their kitaba until they are freed; if they are freed; or remain slaves if they remain slaves. Malik said; The generally agreed on way of doing things among us is that when a master gives a slave his kitaba; it is not permitted for the master to let anyone assume the responsibility for the kitaba of his slave if the slave dies or is incapable. This is not part of the sunna of the muslims. That is because when a man assumes responsibility to the master of a mukatab for what the mukatab owes of his kitaba; and then the master of the mukatab pursues that from the one who assumes the responsibility; he takes his money falsely. It is not as if he is buying the mukatab; so that what he gives is part of the price of something that is his; and neither is the mukatab being freed so that the price established for him buys his inviolability as a free man. If the mukatab is unable to meet the payments he reverts to his master and is his slave. That is because kitaba is not a fixed debt which can be assumed by the master of the mukatab. It is something which; when it is paid by the mukatab; sets him free. If the mukatab dies and has a debt; his master is not one of the creditors for what remains unpaid of the kitaba. The creditors have precedence over the master. If the mukatab cannot meet the payments; and he owes debts to people; he reverts to being a slave owned by his master and the debts to the people are the liability of the mukatab. The creditors do not enter with the master into any share of the price of his person. Malik said; When people are written together in one kitaba and there is no kinship between them by which they inherit from each other; and some of them are responsible for others; then none of them are freed before the others until all the kitaba has been paid. If one of them dies and leaves property and it is more than all of what is against them; it pays all that is against them. The excess of the property goes to the master; and none of those who have been written in the kitaba with the deceased have any of the excess. The master claims are overshadowed by their claims for the portions which remain against them of the kitaba which can be fulfilled from the property of the deceased; because the deceased had assumed their responsibility and they must use his property to pay for their freedom. If the deceased mukatab has a free child not born in kitaba and who was not written in the kitaba; it does not inherit from him because the mukatab was not freed until he died. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik |
| MuwataMalik-017-001-34974 | | Malik related to me that he heard that Umm Salamah; the wife of the Prophet; may Allah bless him and grant him peace; made a settlement with her mukatab for an agreed amount of gold and silver. Malik said; The generally agreed on way of doing things among us in the case of a mukatab who is shared by two partners; is that one of them cannot make a settlement with him for an agreed price according to his portion without the consent of his partner. That is because the slave and his property are owned by both of them; and so one of them is not permitted to take any of the property except with the consent of his partner. If one of them settled with the mukatab and his partner did not; and he took the agreed price; and then the mukatab died while he had property or was unable to pay; the one who settled would not have anything of the mukatab property and he could not return that for which he made settlement so that his right to the slave person would return to him. However; when someone settles with a mukatab with the permission of his partner and then the mukatab is unable to pay; it is preferable that the one who broke with him return what he has taken from the mukatab for the severance and he can have back his portion of the mukatab. He can do that. If the mukatab dies and leaves property; the partner who has kept hold of the kitaba is paid in full the amount of the kitaba which remains to him against the mukatab from the mukatab property. Then what remains of property of the mukatab is between the partner who broke with him and his partner; according to their shares in the mukatab. If one of the partners breaks off with him and the other keeps the kitaba; and the mukatab is unable to pay; it is said to the partner who settled with him; If you wish to give your partner half of what you took so the slave is divided between you; then do so. If you refuse; then all of the slave belongs to the one who held on to possession of the slave. Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him with the permission of his partner. Then the one who retained possession of the slave demanded the like of that for which his partner had settled or more than that and the mukatab could not pay it. He said; The mukatab is shared between them because the man has only demanded what is owed to him. If he demands less than what the one who settled with him took and the mukatab can not manage that; and the one who settled with him prefers to return to his partner half of what he took so the slave is divided in halves between them; he can do that. If he refuses then all of the slave belongs to the one who did not settle with him. If the mukatab dies and leaves property; and the one who settled with him prefers to return to his companion half of what he has taken so the inheritance is divided between them; he can do that. If the one who has kept the kitaba takes the like of what the one who has settled with him took; or more; the inheritance is between them according to their shares in the slave because he is only taking his right. Malik spoke about a mukatab who was shared between two men and one of them made a settlement with him for half of what was due to him with the permission of his partner; and then the one who retained possession of the slave took less than what his partner settled with him for and the mukatab was unable to pay. He said; If the one who made a settlement with the slave prefers to return half of what he was awarded to his partner; the slave is divided between them. If he refuses to return it; the one who retained possession has the portion of the share for which his partner made a settlement with the mukatab. Malik said; The explanation of that is that the slave is divided in two halves between them. They write him a kitaba together and then one of them makes a settlement with the mukatab for half his due with the permission of his partner. That is a fourth of all the slave. Then the mukatab is unable to continue; so it is said to the one who settled with him; If you wish; return to your partner half of what you were awarded and the slave is divided equally between you. If he refuses; the one who held to the kitaba takes in full the fourth of his partner for which he made settlement with the mukatab. He had half the slave; so that now gives him three-fourths of the slave. The one who broke off has a fourth of the slave because he refused to return the equivalent of the fourth share for which he settled. Malik spoke about a mukatab whose master made a settlement with him and set him free and what remained of his severance was written against him as debt; then the mukatab died and people had debts against him. He said; His master does not share with the creditors because of what he is owed from the severance. The creditors begin first. Malik said; A mukatab cannot break with his master when he owes debts to people. He would be set free and have nothing because the people who hold the debts are more entitled to his property than his master. That is not permitted for him. Malik said; According to the way things are done among us; there is no harm if a man gives a kitaba to his slave and settles with him for gold and reduces what he is owed of the kitaba provided that only the gold is paid immediately. Whoever disapproves of that does so because he puts it in the category of a debt which a man has against another man for a set term. He gives him a reduction and he pays it immediately. This is not like that debt. The breaking of the mukatab with his master is dependent on his giving money to speed up the setting free. Inheritance; testimony and the hudud are obliged for him and the inviolability of being set free is established for him. He is not buying dirhams for dirhams or gold for gold. Rather it is like a man who having said to his slave; Bring me such-and-such an amount of dinars and you are free; then reduces that for him; saying; If you bring me less than that; you are free. That is not a fixed debt. Had it been a fixed debt; the master would have shared with the creditors of the mukatab when he died or went bankrupt. His claim on the property of the mukatab would join theirs. | The Chapter on Partners And Share In Salves in HodHood Indexing, The Book of Good Character in Muwata Malik |
| 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-017-001-34981 | | 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-017-001-34984 | | 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-017-001-34989 | | Yahya said that Malik related from Muhammad Ibn Umara from Abu Bakr Ibn Hazm that Uthman Ibn Affan said; When boundaries are fixed in land; there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. Malik said; This is what is done in our community. Malik said; There is no pre-emption in a road; whether or not it is practical to divide it. Malik said; What is done in our community is that there is no pre- emption in the courtyard of a house; whether or not it is practical to divide it. Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said; They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed; they have the right of pre-emption. Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said; If the man right of inheritance is established; he also has a right of preemption. If the land has produced a crop; the crop belongs to the buyer until the day when the right of the other is established; because he has tended what was planted against being destroyed or being carried away by a flood. Malik continued; If the time has been long; or the witnesses are dead or the seller has died; or the buyer has died; or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time; pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this; because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption; the value of the land is estimated; and he buys the land for that price by his right of pre-emption. Then the buildings; plants; or structures which are extra to the land are looked at; so he is in the position of some one who bought the land for a known price; and then after that built on it and planted. The owner of pre-emption takes possession after that is included. Malik said; Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased; then they share it and sell it; and they have no pre-emption in it. Malik said; There is no pre- emption among us in a slave or a slave-girl or a camel; a cow; sheep; or any animal; nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided; and in land in which boundaries occur. As for what cannot be usefully divided; there is no pre-emption in it. Malik said; Some one who buys land in which people who are present have a right of pre-emption; refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them; and not refer their situation to the Sultan and they knew about his purchase; and then they left it until a long time had passed and then came demanding their pre-emption; I do not think that they would have it. | The Chapter on Throwing And Land And Property in HodHood Indexing, The Book of Dress in Muwata Malik |
| MuwataMalik-017-001-34997 | | Yahya said that Malik said; The best of what has been heard about a sharecropper stipulating on the owner of the property the inclusion of some slave workers; is that there is no harm in that if they are workers that come with the property. They are like the property. There is no profit in them for the share-cropper except to lighten some of his burden. If they did not come with the property; his toil would be harder. It is like share-cropping land with a spring or land with a watering trough. You will not find anyone who receives the same share for share-cropping two lands which are equal in property and yield; when one property has a constant plentiful spring and the other has a watering trough; because of the lightness of working land with a spring; and the hardship of working land with a watering trough. Malik added; That is what is done in our community. Malik said; A share-cropper cannot employ workers from the property in other work; and he cannot make that a stipulation with the one who gives him the share-cropping contract. Nor is it permitted to one who share-crops to stipulate on the owner of the property inclusion of slaves for use in the garden who are not in it when he makes the share-cropping contract. Nor must the owner of the property stipulate on the one who uses his property for share-cropping that he take any of the slaves of the property and remove him from the property. The share-cropping of property is based on the state which it is currently in. If the owner of the property wants to remove one of the slaves of the property; he removes him before the share-cropping; or if he wants to put someone into the property; he does it before the share-cropping. Then he grants the share-cropping contract after that if he wishes. If any of the slaves die or go off or become ill; the owner of the property must replace them. | The Chapter on Contracts And Disputes And Contracts in HodHood Indexing, The Book of Dress 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-017-001-35265 | | Yahya related to me from Malik that he had heard that Abdullah Ibn Masud said that there was nothing binding on someone who said; Every woman I marry is divorced; if he did not name a specific tribe or woman. Malik said; That is the best of what I have heard. Malik said about a man saying to his wife; You are divorced; and every woman I marry is divorced; or that all his property would be sadaqa if he did not do such-and-such; and he broke his oath: As for his wives; it is divorce as he said; and as for his statement; Every woman I marry is divorced; if he did not name a specific woman; tribe; or land; or such; it is not binding on him and he can marry as he wishes. As for his property; he gives a third of it away as sadaqa. | The Chapter on Contracts And Disputes In Properties And Money in HodHood Indexing, The Book of Qirad in Muwata Malik |
| MuwataMalik-017-001-35315 | | Yahya related to me from Malik that he had heard that Umar Ibn Abd AlAziz during his khalifate; wrote to one of his governors; Whatever a father; or guardian; who gives someone in marriage; makes a condition in the way of unreturnable gift or of favour; belongs to the woman if she wants it. Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said; Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated; the husband has half of the unreturnable gift by which the marriage occurred. Malik said about a man who married off his young son and the son had no wealth at all; that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father. Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin; her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses. Malik said that that was because Allah; the Blessed; the Exalted; said in His Book; Unless they women with whom he had not consummated marriage make remission or he makes remission to him in whose hand is the knot of marriage. Surat 2 ayat 237. He being the father of a virgin daughter or the master of a female slave. Malik said; That is what I have heard about the matter; and that is how things are done among us. Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated; did not keep anything from the bride-price. Malik said; I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged. | The Chapter on Marriage And Consummating The Marriage in HodHood Indexing, The Book of Game in Muwata Malik |
| MuwataMalik-017-001-35407 | | Yahya related to me from Malik from Ayoub Ibn Mousa from Mansur Ibn Abdulrahman AlHajabi from his mother that Aisha; umm Almuminin; may Allah be pleased with her; was asked about a man who devoted his property to the door of Kaba. She said; Let him do kaffara for it with the kaffara of the oath. Malik said; that someone who devoted all his property in the way of Allah; and then broke his oath; should put a third of his property in the way of Allah; as that was what the Messenger of Allah; may Allah bless him and grant him peace; did in the case of Abu Lubaba. | The Chapter on Contracts And Disputes In Land in HodHood Indexing, The Book of Jihad in Muwata Malik |
| MuwataMalik-017-001-35459 | | Malik was asked whether; when an imam had accepted jizya from a people and they gave it; he thought that the land of one of them who surrendered belonged to him or whether his land and property belonged to the Muslims. Malik said; That varies. As for the people of peace; if one of them surrenders; then he is entitled to his land and property. As for the people of force who use force; if one of them surrenders; his land and property belong to the Muslims because the people of force are overcome in their towns; and it becomes booty for the Muslims. As for the people of peace; their property and selves are protected so that they make peace for them. Only what they have made peace for is obliged of them. | The Chapter on Contracts And Disputes In Land in HodHood Indexing, The Book of Divorce in Muwata Malik |
| MuwataMalik-017-001-35549 | | Yahya related to me from Malik that Muhammad Ibn Uqba; the mawla of AlZubayr; asked AlQasim Ibn Muhammad whether he had to pay any zakat on a large sum given to him by his slave to buy his freedom. AlQasim said; Abu Bakr AlSiddiq did not take zakat from anyone property until it had been in his possession for a year. AlQasim Ibn Muhammad continued; When Abu Bakr gave men their allowances he would ask them; Do you have any property on which zakat is due? If they said; Yes; he would take the zakat on that property out of their allowances. If they said; No; he would hand over their allowances to them without deducting anything from them. | The Chapter on Contracts And Disputes And Zakat in HodHood Indexing, The Book of Faraid in Muwata Malik |
