كتاب 40
40
Book 40
(40)
Chapter 40
(40)
باب 40
Muwatta Malik 1612
Malik said, "The generally agreed on way of doing things in our
community about a mudabbar is that the owner cannot sell him or change
the position in which he has put him. If a debt overtakes the master,
his creditors cannot sell the mudabbar as long as the master is alive.
If the master dies and has no debts, the mudabbar is included in the
third (of the bequest) because he expected his work from him as long
as he lived. He cannot serve him all his life, and then he frees him
from his heirs out of the main portion of his property when he dies.
If the master of the mudabbar dies and has no property other than him,
one third of him is freed, and two thirds of him belong to the heirs.
If the master of the mudabbar dies and owes a debt which encompasses
the mudabbar, he is sold to meet the debt because he can only be freed
in the third (which is allowed for bequest) ."
He said, "If
the debt only includes half of the slave, half of him is sold for the
debt. Then a third of what remains after the debt is freed. "
Malik said, "It is not permitted to sell a mudabbar and it is not
permitted for anyone to buy him unless the mudabbar buys himself from
his master. He is permitted to do that. Or else some one gives the
master of the mudabbar money and his master who made him a mudabbar
frees him. That is also permitted for him."
Malik said, "His
wala' belongs to his master who made him a mudabbar."
Malik
said, "It is not permitted to sell the service of a mudabbar because
it is an uncertain transaction since one does not know how long his
master will live. That is uncertain and it is not good."
Malik spoke about a slave who was shared between two men, and one of
them made his portion mudabbar. He said, "They estimate his value
between them. If the one who made him mudabbar buys him, he is all
mudabbar. If he does not buy him, his tadbir is revoked unless the one
who retains ownership of him wishes to give his partner who made him
mudabbar his value. If he gives him to him for his value, that is
binding, and he is all mudabbar."
Malik spoke about the
christian man who made a christian slave of his mudabbar and then the
slave became muslim. He said, "One separates the master and the slave,
and the slave is removed from his christian master and is not sold
until his situation becomes clear. If the christian dies and has a
debt, his debt is paid from the price of the slave unless he has in
his estate what will pay the debt. Then the mudabbar is set free."
| Reference | : Muwatta Malik 1612 |
| In-book reference | : Book 40, Hadith 35790 |
| USC-MSA web (English) reference | : Book 7, Hadith 1612 |
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