كتاب 40
40
Book 40
(40)
Chapter 40
(40)
باب 40
Muwatta Malik 1608
Malik spoke about a mudabbar who said to his master, "Free me
immediately and I will give fifty dinars which I will have to pay in
instalments." His master said, "Yes. You are free and you must pay
fifty dinars, and you will pay me ten dinars every year." The slave
was satisfied with this. Then the master dies one, two or three days
after that. He said, "The freeing is confirmed and the fifty dinars
become a debt against him. His testimony is permitted, his
inviolability as a free man is confirmed, as are his inheritance and
his liability to the full hudud punishments. The death of his master,
however, does not reduce the debt for him at all."
Malik said
that if a man who made his slave a mudabbar died and he had some
property at hand and some absent property, and in the property at hand
there was not enough (in the third he was allowed to bequeath) to
cover the value of the mudabbar, the mudabbar was kept there together
with this property, and his tax (kharaj) was gathered until the
master's absent property was clear. Then if a third of what his master
left would cover his value, he was freed with his property and what
had gathered of his tax. If there was not enough to cover his value in
what his master had left, as much of him was freed as the third would
allow, and his property was left in his hands.
| Reference | : Muwatta Malik 1608 |
| In-book reference | : Book 40, Hadith 35786 |
| USC-MSA web (English) reference | : Book 7, Hadith 1608 |
| (deprecated numbering scheme) |
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