كتاب 39
39
Book 39
(39)
Chapter 39
(39)
باب 39
Muwatta Malik 1603
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's 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."
| Reference | : Muwatta Malik 1603 |
| In-book reference | : Book 39, Hadith 35781 |
| USC-MSA web (English) reference | : Book 7, Hadith 1603 |
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