كتاب 31
31
Book 31
(31)
Chapter 31
(31)
باب 31
Muwatta Malik 1348
Yahya related to me from Malik from Nafi from Abdullah ibn Umar
that Umar ibn al-Khattab 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's 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's
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."
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ نَافِعٍ، عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ، أَنَّ عُمَرَ بْنَ الْخَطَّابِ، قَالَ مَنْ بَاعَ عَبْدًا وَلَهُ مَالٌ فَمَالُهُ لِلْبَائِعِ إِلاَّ أَنْ يَشْتَرِطَهُ الْمُبْتَاعُ .
| Reference | : Muwatta Malik 1348 |
| In-book reference | : Book 31, Hadith 35526 |
| USC-MSA web (English) reference | : Book 7, Hadith 1348 |
| (deprecated numbering scheme) |
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