كتاب 39
39
Book 39
(39)
Chapter 39
(39)
باب 39
Muwatta Malik 1604
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.
| Reference | : Muwatta Malik 1604 |
| In-book reference | : Book 39, Hadith 35782 |
| USC-MSA web (English) reference | : Book 7, Hadith 1604 |
| (deprecated numbering scheme) |
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