كتاب 39
39
Book 39
(39)
Chapter 39
(39)
باب 39
Muwatta Malik 1595
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 can't 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's 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."
| Reference | : Muwatta Malik 1595 |
| In-book reference | : Book 39, Hadith 35773 |
| USC-MSA web (English) reference | : Book 7, Hadith 1595 |
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