Malik related to me that he had heard that Abdullah ibn Umar was asked whether a slave could be bought on the specific condition that it was to be used to fulfil the obligation of freeing a slave, and he said, "No."
Malik said, "That is the best of what I have heard on the obligation of freeing slaves. Someone who has to set a slave free because of an obligation on him, may not buy one on the condition that he sets it free because if he does that, whatever he buys is not completely a slave because he has reduced its price by the condition he has made of setting it free."
Malik added, "There is no harm, however, in someone buying a person expressly to set him free."
Malik said, "The best of what I have heard on the obligation of freeing slaves is that it is not permitted to free a christian or a jew to fulfil it, and one does not free a mukatab or a mudabbar or an umm walad or a slave to be freed after a certain number of years, or a blind person. There is no harm in freeing a christian, jew, or magian voluntarily, because Allah, the Blessed, the Exalted, said in His Book, 'either as a favour then or by ransom,' (Sura 47 ayat 4) The favour is setting free."
Malik said, "As for obligations of freeing slaves which Allah has mentioned in the Book, one only frees a mumin slave for them."
Malik said, "It is like that in feeding poor people for kaffara. One must only feed muslims and one does not feed anyone outside of the deen of Islam."
USC-MSA web (English) reference | : Book 38, Hadith 12 |
Arabic reference | : Book 38, Hadith 1477 |
Yahya related to me from Malik from Ibn Shihab, and he had heard from al-Qasim ibn Muhammad that they said, "When a free man marries a slave-girl and consummates the marriage, she makes him muhsan."
Malik said, "All (of the people of knowledge) I have seen said that a slave-girl makes a free man muhsan when he marries her and consummates the marriage."
Malik said, "A slave makes a free woman muhsana when he consummates a marriage with her and a free woman only makes a slave muhsan when he is freed and he is her husband and has had sexual relations with her after he has been set free. If he parts from her before he is free, he is not a muhsan unless he marries her after having been set free and he consummates the marriage."
Malik said, "When a slave-girl is married to a free man and then he separates from her before she is set free, his marriage to her does not make her muhsana. She is not muhsana until she has married after she has been set free and she has had intercourse with her husband. That gives her ihsan. If she is the wife of a freeman and then she is set free while she is his wife before he separates from her, the man makes her muhsana if he has intercourse with her after she has been set free."
Malik said, "The christian and jewish free women and the muslim slave-girl all make a muslim free man muhsan when he marries one of them and has intercourse with her."
USC-MSA web (English) reference | : Book 28, Hadith 40 |
Arabic reference | : Book 28, Hadith 1135 |
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."
USC-MSA web (English) reference | : Book 39, Hadith 12 |
Reference | : Al-Adab Al-Mufrad 69 |
In-book reference | : Book 2, Hadith 23 |
English translation | : Book 2, Hadith 69 |
Grade: | Sahih (Darussalam) |
Reference | : Jami` at-Tirmidhi 1541 |
In-book reference | : Book 20, Hadith 20 |
English translation | : Vol. 3, Book 18, Hadith 1541 |
Malik related to me that he had heard that Said ibn al-Musayyab was asked who had the wala' of the children whom a slave had by a free woman. Said said, "If their father dies and he is a slave who was not set free, their wala' belongs to the mawali of their mother."
Malik said, "That is like the child of a woman who is a mawla who has been divorced by lian; the child is attached to the mawali of his mother and they are his mawali. If he dies, they inherit from him. If he commits a crime, they pay the blood-money for him. If his father acknowledges him, he is given a kinship to him and his wala' goes to the mawali of his father. They are his heirs, they pay his blood-money and his father is punished with the hadd-punishment."
Malik said, "It is like that with a free-born woman divorced by lian. If her husband who curses her by lian does not acknowledge her child, the child is dealt with in the same way except that the rest of his inheritance after the inheritance of his mother and his brothers from his mother goes to all the muslims as long as he was not given kinship to his father. The child of the lian is attached to the patronage of the mawali of his mother until his father acknowledges him because he does not have a lineage or paternal relations. If his lineage is confirmed, it goes to his paternal relations."
Malik said, "The generally agreed-on way of doing things among us about a child of a slave by a free woman, while the father of the slave is free, is that the grandfather (the father of the slave), attracts the wala' of his son's free children by a free woman. They leave their inheritance to him as long as their father is a slave. If the father becomes free, the wala' returns to his mawali. If he dies and he is still a slave, the inheritance and the wala' go to the grandfather. If the slave has two free sons, and one of them dies while the father is still a slave, the grandfather, the father of the father, attracts the wala' and the inheritance."
Malik spoke about a slave-girl who was set free while she was pregnant and her husband was a slave and then her husband became free before she gave birth, or after she gave birth. He said, "The wala' of what is in her womb goes to the person who set the mother free because slavery touched the child before the mother was set free. It is not treated in the same way as a child conceived by its mother after she has been set free because the wala' of such a child, is attracted by the father when he is set free."
Malik said that if a slave asked his master's permission to free a slave of his and his master gave permission, the wala' of the freed slave went to the master of his master, and his wala' did not return to the master who had set him free, even if he were to become free himself."
USC-MSA web (English) reference | : Book 38, Hadith 21 |
Arabic reference | : Book 38, Hadith 1487 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan an-Nasa'i 4699 |
In-book reference | : Book 44, Hadith 251 |
English translation | : Vol. 5, Book 44, Hadith 4703 |
Yahya related to me that Malik said, "What is done in our community in the case of a man who makes his slave-girl a mudabbara and she gives birth to children after that, and then the slave-girl dies before the one who gave her a tadbir is that her children are in her position. The conditions which were confirmed for her are confirmed for them. The death of their mother does not harm them. If the one who made her mudabbara dies, they are free if their value is less than one third of his total property."
Malik said, "For every mother by birth as opposed to mother by suckling, her children are in her position. If she is free and she gives birth after she is free, her children are free. If she is a mudabbara or mukataba, or freed after a number of years in service, or part of her is free or pledged or she is an umm walad, each of her children are in the same position as their mother. They are set free when she is set free and they are slaves when she is a slave."
Malik said about the mudabbara given a tadbir while she was pregnant, "Her children are in her position. That is also the position of a man who frees his slave- girl while she is pregnant and does not know that she is pregnant."
Malik said, "The sunna about such women is that their children follow them and are set free by their being set free."
Malik said, "It is the same as if a man had bought a slave-girl while she was pregnant. The slave-girl and what is in her womb belong to the one who bought her whether or not the buyer stipulates that."
Malik continued, "It is not halal for the seller to make an exception about what is in her womb because that is an uncertain transaction. It reduces her price and he does not know if that will reach him or not. That is as if one sold the foetus in the womb of the mother. That is not halal because it is an uncertain transaction ."
Malik said about the mukatab or mudabbar who bought a slave- girl and had intercourse with her and she became pregnant by him and gives birth, "The children of both of them by a slave-girl are in his position. They are set free when he is set free and they are slaves when he is a slave."
Malik said, "When he is set free, the umm walad is part of his property which is surrendered to him when he is set free."
USC-MSA web (English) reference | : Book 40, Hadith 1 |
Malik said, "The generally agreed-on way of doing things among us in the case of slave whose master makes a bequest to free part of him - a third, a fourth, a half, or any share after his death, is that only the portion of him is freed that his master has named. This is because the freeing of that portion is only obliged to take place after the death of the master because the master has the option to withdraw the bequest as long as he lives. When the slave is freed from his master, the master is a testator and the testator only has access to free what he can take from his property, being the third of the property he is allowed to bequeath, and the rest of the slave is not free because the man's property has gone out of his hands. How can the rest of the slave which belongs to other people be free when they did not initiate the setting free and did not confirm it and they do not have the wala' established for them? Only the deceased could do that. He was the one who freed him and the one for whom the wala' was confirmed. That is not to be borne by another's property unless he bequeaths within the third of his property what remains of a lave to be freed. That is a request against his partners and inheritors and the partners must not refuse the slave that when it is within the third of the dead man's property because there is no harm in that to the inheritors."
Malik said, "If a man frees a third of his slave while he is critically ill, he must complete the emancipation so all of him is free from him, if it is within the third of his property that he has access to, because he is not treated in the same way as a man who frees a third of a slave after his death, because had the one who freed a third of his slave after his death lived, he could have cancelled it and the slave's being set free would be of no effect. The master who made the freeing of the third of the slave irrevocable in his illness, would still have to free all of him if he lived. If he died, the slave would be set free within the third of the bequest. That is because the command of the deceased is permissible in his third as the command of the healthy is permissible in all his property."
USC-MSA web (English) reference | : Book 38, Hadith 1 |
Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "The slave girl is not married when there is a free woman who is a wife unless the free woman wishes it. If the free woman complies, she has two-thirds of the division of time."
Malik said, "A free man must not marry a slave-girl when he can afford to marry a free-woman, and he should not marry a slave-girl when he cannot afford a free woman unless he fears fornication. That is because Allah, may he be Blessed and Exalted, says in His Book, 'If you are not affluent enough to marry believing women, who are muhsanat, take slave-girls who are believing women that your right hands own.' (Sura 4 ayat 24) He says, 'That is for those of you who fear al-anat.' "
Malik said, "Al-anat is fornication."
USC-MSA web (English) reference | : Book 28, Hadith 29 |
Arabic reference | : Book 28, Hadith 1123 |
Malik said about a man who had his slave in a kitaba and then the mukatab died and left his umm walad, and there remained for him some of his kitaba to pay and he left what would pay it, "The umm walad is a slave since the mukatab was not freed until he died and he did not leave children that were set free by his paying what remained, so that the umm walad of their father was freed by their being set free."
Malik said about a mukatab who set free a slave of his or gave sadaqa with some of his property and his master did not know that until he had set the mukatab free, "That has been performed by him and the master does not rescind it. If the master of the mukatab knows before he sets the mukatab free, he can reject that and not permit it. If the mukatab is then freed and it becomes in his power to do so, he does not have to free the slave, nor give the sadaqa unless he does it voluntarily from himself."
USC-MSA web (English) reference | : Book 39, Hadith 14 |
Grade: | Sahih (Darussalam) |
Reference | : Jami` at-Tirmidhi 1347 |
In-book reference | : Book 15, Hadith 27 |
English translation | : Vol. 3, Book 13, Hadith 1347 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan an-Nasa'i 4642 |
In-book reference | : Book 44, Hadith 194 |
English translation | : Vol. 5, Book 44, Hadith 4646 |
Yahya related to me the like of that from Malik from Ibn Shihab.
Malik said, about a slave who divorced a slave-girl but did not make it absolute, "He can return to her. If he then dies while she is still in the idda from her divorce, she does the idda of a slave- girl whose husband dies, and it is two months and five days. If she has been set free and he can return to her, and she does not choose to separate after she has been set free, and he dies while she is in the idda from the divorce, she does the idda of a free woman whose husband has died, four months and ten days. That is because the idda of widowhood befell her while she was free, so her idda is the idda of a free woman."
Malik said, "That is what is done among us."
USC-MSA web (English) reference | : Book 29, Hadith 94 |
Arabic reference | : Book 29, Hadith 1259 |
Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man.
Yahya said that Malik said, "The best of what I have heard on the interpretation of this ayat, the word of Allah, the Blessed, the Exalted, 'The free man for the free man and the slave for the slave - these are men and the woman for the woman,' (Sura 2 ayat 178) is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah, the Blessed, the Exalted, said in His Book, 'We have written for them in it that it is a life for a life and an eye for an eye, a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed, the Exalted, mentioned that it is a life for a life. It is the life of a free woman for the life of a free man, and her injury for his injury."
Malik said about a man who held a man fast for another man to hit, and he died on the spot, "If he held him and he thought that he meant to kill him, the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do, and he did not think that he meant to kill him, the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him."
Malik said about a man who murdered a man intentionally or gouged out his eye intentionally, and then was slain or had his eye gouged out himself before retaliation was inflicted on him, "There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies, the one seeking blood-revenge has nothing of blood- money or anything else. That is by the word of Allah, the Blessed the Exalted, 'Retaliation is written for you in killing. The free man for the free man and the slave for the slave.' "
Malik said, "He only has retaliation against the one who killed him. If the man who murdered him dies, he has no retaliation or blood-money."
Malik said, "There is no retaliation held against a free man by a slave for any injury. The slave is killed for the free man when he intentionally murders him. The free man is not slain for the slave, even if he murders him intentionally. It is the best of what I have heard."
USC-MSA web (English) reference | : Book 43, Hadith 15 |
Arabic reference | : Book 43, Hadith 1596 |
Narrated Aisha, Ummul Mu'minin:
The Prophet (saws) was brought a pouch containing bead and divided it among free women and slave women. Aisha said: My father used to divide things between free men and slave.
Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 2952 |
In-book reference | : Book 20, Hadith 25 |
English translation | : Book 19, Hadith 2946 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan an-Nasa'i 4643 |
In-book reference | : Book 44, Hadith 195 |
English translation | : Vol. 5, Book 44, Hadith 4647 |
Malik said, "What is done among us when a slave divorces a slave- girl when she is a slave and then she is set free, is that her idda is the idda of a slave-girl, and her being set free does not change her idda whether or not he can still return to her. Her idda is not altered."
Malik added, "The hadd-punishment which a slave incurs is the same as this. When he is freed after he has incurred but before the punishment has been executed, his hadd is the hadd of the slave."
Malik said, "When a free man divorces a slave-girl three times, her idda is two periods. When a slave divorces a free woman twice, her idda is three periods."
Malik said about a man who had a slave-girl as a wife, and he bought her and set her free, ''Her idda is the idda of a slave-girl, i.e. two periods, as long as he has not had intercourse with her. If he has had intercourse with her after buying her and before he set her free, she only has to wait until one period has passed . "
USC-MSA web (English) reference | : Book 29, Hadith 69 |
Malik said, "Neither a free man nor a slave who divorces a slave- girl nor a slave who divorces a free woman, in an irrevocable divorce, is obliged to pay maintenance even if she is pregnant, and he cannot return to her."
Malik said, "A free man is not obliged to pay for the suckling of his son when he is a slave of other people, nor is a slave obliged to spend his money for what his master owns except with the permission of his master."
USC-MSA web (English) reference | : Book 29, Hadith 51 |
Arabic reference | : Book 29, Hadith 1212 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan an-Nasa'i 3450 |
In-book reference | : Book 27, Hadith 62 |
English translation | : Vol. 4, Book 27, Hadith 3480 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan an-Nasa'i 3656 |
In-book reference | : Book 30, Hadith 46 |
English translation | : Vol. 4, Book 30, Hadith 3686 |
Malik related to me that he had heard that al-Maqburi said that Abu Hurayra was asked whether a man who had to free a slave, could free an illegitimate child to fulfil that obligation. Abu Hurayra said, "Yes. That will give satisfaction for him."
USC-MSA web (English) reference | : Book 38, Hadith 10 |
Arabic reference | : Book 38, Hadith 1475 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan an-Nasa'i 4698 |
In-book reference | : Book 44, Hadith 250 |
English translation | : Vol. 5, Book 44, Hadith 4702 |
Malik said, "A master who frees a slave of his and settles his emancipation so that his testimony is permitted, his inviolability complete, and his right to inherit confirmed, cannot impose stipulations on him like what he imposes on a slave about property or service, nor get him to do anything of slavery, because the Messenger of Allah, may Allah bless him and grant him peace, said, "If a man frees his share of a slave and has enough money to cover the full price of the slave justly evaluated for him, he must give his partners their shares so the slave is completely free."
Malik commented, "If he owns the slave completely, it is more proper to free him completely and not mingle any slavery with it."
USC-MSA web (English) reference | : Book 38, Hadith 2 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan an-Nasa'i 2614 |
In-book reference | : Book 23, Hadith 180 |
English translation | : Vol. 3, Book 23, Hadith 2615 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan an-Nasa'i 1863 |
In-book reference | : Book 21, Hadith 46 |
English translation | : Vol. 3, Book 21, Hadith 1864 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan an-Nasa'i 3449 |
In-book reference | : Book 27, Hadith 61 |
English translation | : Vol. 4, Book 27, Hadith 3479 |
Grade: | Sahih (Darussalam) |
Reference | : Jami` at-Tirmidhi 1547 |
In-book reference | : Book 20, Hadith 26 |
English translation | : Vol. 3, Book 18, Hadith 1547 |
Grade: | Hasan (Darussalam) |
Reference | : Sunan Ibn Majah 2532 |
In-book reference | : Book 19, Hadith 21 |
English translation | : Vol. 3, Book 19, Hadith 2532 |
Narrated Abu Huraira:
The Prophet said, "If somebody manumits a Muslim slave, Allah will save from the Fire every part of his body for freeing the corresponding parts of the slave's body, even his private parts will be saved from the Fire) because of freeing the slave's private parts."
Reference | : Sahih al-Bukhari 6715 |
In-book reference | : Book 84, Hadith 8 |
USC-MSA web (English) reference | : Vol. 8, Book 79, Hadith 706 |
(deprecated numbering scheme) |
Grade: | Sahih (Darussalam) |
Reference | : Sunan an-Nasa'i 4782 |
In-book reference | : Book 45, Hadith 77 |
English translation | : Vol. 5, Book 45, Hadith 4786 |
Grade: | Da'if (Darussalam) |
Reference | : Sunan Ibn Majah 2071 |
In-book reference | : Book 10, Hadith 56 |
English translation | : Vol. 3, Book 10, Hadith 2071 |
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "When a man divorces his wife and she begins her third period, she is free from him and he is free from her."
Malik said, "This is how things are done among us."
USC-MSA web (English) reference | : Book 29, Hadith 58 |
Arabic reference | : Book 29, Hadith 1219 |
Narrated Ibn `Umar:
The Prophet said, "If one manumits his share of a common slave (Abd), and he has money sufficient to free the remaining portion of the price of the slave (justly estimated), then he should free the slave completely by paying the rest of his price; otherwise the slave is freed partly. "
Reference | : Sahih al-Bukhari 2553 |
In-book reference | : Book 49, Hadith 36 |
USC-MSA web (English) reference | : Vol. 3, Book 46, Hadith 729 |
(deprecated numbering scheme) |
Grade: | Sahih (Darussalam) |
Reference | : Sunan an-Nasa'i 3448 |
In-book reference | : Book 27, Hadith 60 |
English translation | : Vol. 4, Book 27, Hadith 3478 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan Ibn Majah 2345 |
In-book reference | : Book 13, Hadith 38 |
English translation | : Vol. 3, Book 13, Hadith 2345 |
Narrated Al-Miqdam:
I heard the Messenger of Allah (saws) say: I am the heirs of Him who has none, freeing him from his liabilities, and inheriting what he possesses. A maternal uncle is the heir of Him who has none, freeing him from his liabilities, and inheriting his property.
Grade: | Hasan Sahih (Al-Albani) | حسن صحيح (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 2901 |
In-book reference | : Book 19, Hadith 17 |
English translation | : Book 18, Hadith 2895 |
Malik related to me that he had heard that Fadala ibn Ubayd al- Ansari who was one of the companions of the Messenger of Allah, may Allah bless him and grant him peace, was asked whether it was permissible for a man who had to free a slave to free an illegitimate child. He said, "Yes, That will give satisfaction for him."
USC-MSA web (English) reference | : Book 38, Hadith 11 |
Arabic reference | : Book 38, Hadith 1476 |
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "When the slave divorces his wife twice, she is haram for him until she has married another husband, whether she is free or a slave. The idda of a free woman is three menstrual periods, and the idda of a slave-girl is two periods.
USC-MSA web (English) reference | : Book 29, Hadith 50 |
Arabic reference | : Book 29, Hadith 1210 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan an-Nasa'i 4644 |
In-book reference | : Book 44, Hadith 196 |
English translation | : Vol. 5, Book 44, Hadith 4648 |
Narrated Abu Huraira:
The Prophet said, "Whoever frees his portion of a common slave should free the slave completely by paying the rest of his price from his money if he has enough money; otherwise the price of the slave is to be estimated and the slave is to be helped to work without hardship till he pays the rest of his price."
Reference | : Sahih al-Bukhari 2527 |
In-book reference | : Book 49, Hadith 11 |
USC-MSA web (English) reference | : Vol. 3, Book 46, Hadith 704 |
(deprecated numbering scheme) |
Malik said, "The generally agreed-on way of doing things in our community is that any setting-free which a man makes in a bequest that he wills in health or illness can be rescinded by him when he likes and changed when he likes as long as it is not a tadbir. There is no way to rescind a tadbir once he has made it.
"As for every child born to him by a slave-girl who he wills to be set free but he does not make mudabbara, her children are not freed with her when she is freed. That is because her master can change his will when he likes and rescind it when he likes, and being set free is not confirmed for her. She is in the position of a slave-girl whose master says, 'If so- and-so remains with me until I die, she is free.' " (i.e. he does not make a definite contract.)
Malik said, "If she fulfils that, that is hers. If he wishes, before that, he can sell her and her child because he has not entered her child into any condition he has made for her.
"The bequest in setting free is different from the tadbir. The precedent of the sunna makes a distinction between them. Had a bequest been in the position of a tadbir, no testator would be able to change his will and what he mentioned in it of setting free. His property would be tied up and he would not be able to use it."
Malik said about a man who made all his slaves mudabbar while he was well and they were his only property, "If he made some of them mudabbar before the others, one begins with the first until the third of his property is reached. (i.e. their value is matched against the third, and those whose value is covered are free.) If he makes the mall mudabbar in his illness, and says in one statement, 'So-and-so is free. So-and-so is free. So-and-so is free if my death occurs in this illness,' or he makes them all mudabbar in one statement, they are matched against the third and one does not begin with any of them before the others. It is a bequest and they have a third of his property divided between them in shares. Then the third of his property frees each of them according to the extent of his share.
"No single one of them is given preference when that all occurs in his illness."
Malik spoke about a master who made his slave a mudabbar and then he died and the only property he had was the mudabbar slave and the slave had property. He said, "A third of the mudabbar is freed and his property remains in his possession."
Malik said about a mudabbar whose master gave him a kitaba and then the master died and did not leave any property other than him, "A third of him is freed and a third of his kitaba is reduced, and he owes two-thirds."
Malik spoke about a man who freed half of his slave while he was ill and made irrevocable his freeing half of him or all of him, and he had made another slave of his mudabbar before that. He said, "One begins with the slave he made mudabbar before the one he freed while he was ill. That is because the man cannot revoke what he has made mudabbar and cannot follow it with a matter which will rescind it. When this mudabbar is freed, then what remains of the third goes to the one who had half of him freed so as to complete his setting-free entirely in the third of the property of the deceased. If what is left of the third does not cover that, whatever is covered by what is left of the third is freed after the first mudabbar is freed . "
USC-MSA web (English) reference | : Book 40, Hadith 3 |
Reference | : Al-Adab Al-Mufrad 1201 |
In-book reference | : Book 49, Hadith 3 |
English translation | : Book 49, Hadith 1201 |
Malik related to me that he had heard that a slave-girl came to Umar ibn al-Khattab (who had been beaten by her master with a red hot iron) and he set her free.
Malik said, "The generally agreed- on way of doing things among us is that a man is not permitted to be freed while he has a debt against him which exceeds his property. A boy is not allowed to be set free until he has reached puberty. The young person whose affairs are managed cannot set free in his property, even when he reaches puberty, until he manages his property."
USC-MSA web (English) reference | : Book 38, Hadith 7 |
Arabic reference | : Book 38, Hadith 1472 |
مُتَّفق عَلَيْهِ (الألباني) | حكم : |
Reference | : Mishkat al-Masabih 3198 |
In-book reference | : Book 13, Hadith 116 |
Narrated `Abdullah bin `Umar:
Allah's Apostle said, "Whoever frees his share of a common slave and he has sufficient money to free him completely, should let its price be estimated by a just man and give his partners the price of their shares and manumit the slave; otherwise (i.e. if he has not sufficient money) he manumits the slave partially."
Reference | : Sahih al-Bukhari 2522 |
In-book reference | : Book 49, Hadith 6 |
USC-MSA web (English) reference | : Vol. 3, Book 46, Hadith 698 |
(deprecated numbering scheme) |
Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 5168 |
In-book reference | : Book 43, Hadith 396 |
English translation | : Book 42, Hadith 5149 |
Malik related to me from Abd ar-Rahman ibn Abi Amra al-Ansari that his mother had wanted to make a bequest, but she delayed until morning and died. She had intended to set someone free, so Abd ar- Rahman said, 'I said to al-Qasim ibn Muhammad, 'Will it help her if I free a slave for her?' Al-Qasim replied, 'Sad ibn Ubada said to the Messenger of Allah, may Allah bless him and grant him peace, 'My mother died, will it help her if I set a slave free for her?' The Messenger of Allah, may Allah bless him and grant him peace, said "Yes." "'
USC-MSA web (English) reference | : Book 38, Hadith 13 |
Arabic reference | : Book 38, Hadith 1478 |
Narrated Abu Musa:
The Prophet said, "Set free the captives and accept invitations."
Reference | : Sahih al-Bukhari 7173 |
In-book reference | : Book 93, Hadith 37 |
USC-MSA web (English) reference | : Vol. 9, Book 89, Hadith 285 |
(deprecated numbering scheme) |
حسن (الألباني) | حكم : |
Reference | : Mishkat al-Masabih 970 |
In-book reference | : Book 4, Hadith 393 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan Ibn Majah 2528 |
In-book reference | : Book 19, Hadith 17 |
English translation | : Vol. 3, Book 19, Hadith 2528 |
Grade: | Sahih (Darussalam) [, al-Bukhari (2522) and Muslim (1501)] (Darussalam) |
Reference | : Musnad Ahmad 397 |
In-book reference | : Book 3, Hadith 7 |
Grade: | Sahih (Darussalam) |
Reference | : Jami` at-Tirmidhi 1348 |
In-book reference | : Book 15, Hadith 28 |
English translation | : Vol. 3, Book 13, Hadith 1348 |
Narrated Ibn `Umar:
The Prophet said, "He who manumits his share of a slave and has money sufficient to free the remaining portion of that slave's price (justly estimated) then he should manumit him (by giving the rest of his price to the other co-owners)." Nafi` added, "Otherwise the slave is partially free." Aiyub is not sure whether the last statement was said by Nafi` or it was a part of the Hadith.
Reference | : Sahih al-Bukhari 2524 |
In-book reference | : Book 49, Hadith 8 |
USC-MSA web (English) reference | : Vol. 3, Book 46, Hadith 701 |
(deprecated numbering scheme) |
Narrated Abu Huraira:
That the Prophet said, "Whoever frees his portion of a (common) slave."
Reference | : Sahih al-Bukhari 2526 |
In-book reference | : Book 49, Hadith 10 |
USC-MSA web (English) reference | : Vol. 3, Book 46, Hadith 703 |
(deprecated numbering scheme) |
Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 2915 |
In-book reference | : Book 19, Hadith 31 |
English translation | : Book 18, Hadith 2909 |
Grade: | Da’if (Darussalam) |
Reference | : Jami` at-Tirmidhi 1155 |
In-book reference | : Book 12, Hadith 10 |
English translation | : Vol. 1, Book 7, Hadith 1155 |
Grade: | Hasan (Darussalam) |
Reference | : Jami` at-Tirmidhi 1365 |
In-book reference | : Book 15, Hadith 45 |
English translation | : Vol. 3, Book 13, Hadith 1365 |
Narrated Abu Musa:
The Prophet said, "Free the captives, feed the hungry and pay a visit to the sick."
Reference | : Sahih al-Bukhari 3046 |
In-book reference | : Book 56, Hadith 252 |
USC-MSA web (English) reference | : Vol. 4, Book 52, Hadith 282 |
(deprecated numbering scheme) |
Malik related to me that he heard Rabia ibn Abi Abd ar-Rahman and others mention that al-Furafisa ibn Umar al-Hanafi had a mukatab who offered to pay him all of his kitaba that he owed. Al-Furafisa refused to accept it and the mukatab went to Marwan ibn al-Hakam who was the amir of Madina and brought up the matter. Marwan summoned al-Furafisa and told him to accept. He refused. Marwan then ordered that the payment be taken from the mukatab and placed in the treasury. He said to the mukatab "Go, you are free." When al-Furafisa saw that, he took the money.
Malik said, "What is done among us when a mukatab pays all the instalments he owes before their term, is that it is permitted to him. The master cannot refuse him that. That is because payment removes every condition from the mukatab as well as service and travel. The setting free of a man is not complete while he has any remaining slavery, and neither would his inviolability as a free man be complete and his testimony permitted and inheritance obliged and such things in that situation. His master must not make any stipulation of service on him after he has been set free."
Malik said that it was permitted for a mukatab who became extremely ill and wanted to pay his master all his instalments because his heirs who were free would then inherit from him and he had no children with him in his kitaba, to do so, because by that he completed his inviolability as a free man, his testimony was permitted, and his admission of what he owed of debts to people was permitted. His bequest was permitted as well. His master could not refuse him that by saying, "He is escaping from me with his property."
USC-MSA web (English) reference | : Book 39, Hadith 9 |
Arabic reference | : Book 39, Hadith 1498 |
Narrated Abdullah ibn Umar:
Zayd ibn Aslam said: Abdullah ibn Umar entered upon Mu'awiyah. He asked: (Tell me) your need, AbuAbdurRahman. He replied: Give (the spoils) to those who were set free, for I saw the first thing the Messenger of Allah (saws) did when anything came to him was to give something to those who had been set free.
Grade: | Hasan (Al-Albani) | حسن (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 2951 |
In-book reference | : Book 20, Hadith 24 |
English translation | : Book 19, Hadith 2945 |
Sunnah.com reference | : Book 7, Hadith 111 |
English translation | : Book 7, Hadith 873 |
Arabic reference | : Book 7, Hadith 869 |
Malik related to me from Yahya ibn Said from Amra bint Abd ar- Rahman that Barira came asking the help of A'isha, umm al-muminin. A'isha said, "If your masters agree that I pay them your price in one lump sum and set you free I will do it." Barira mentioned that to her masters and they said, "No, not unless your wala' is ours." Yahya ibn Said added that Amra bint Abd ar-Rahman claimed that A'isha mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace said, "Buy her and set her free. The wala' only belongs to the one who sets free."
USC-MSA web (English) reference | : Book 38, Hadith 19 |
Arabic reference | : Book 38, Hadith 1484 |
Narrated `Aisha:
I intended to buy Barirah but her masters stipulated that her Wala should be for them. When the Prophet was told about it, he said to me, "Buy and manumit her, as the Wala' is for the liberator." Once Barirah was given some meat, and the Prophet asked, "What is this?" I said, "It has been given to Barirah in charity." He said, "It is sadaqa for her but a gift for us." Barirah was given the option (to stay with her husband or to part with him). `Abdur-Rahman (a sub-narrator) wondered, "Was her husband a slave or a free man?" Shu`ba (another sub-narrator) said, "I asked `Abdur-Rahman whether her husband was a slave or a free man. He replied that he did not know whether he was a slave or a free man."
Reference | : Sahih al-Bukhari 2578 |
In-book reference | : Book 51, Hadith 13 |
USC-MSA web (English) reference | : Vol. 3, Book 47, Hadith 752 |
(deprecated numbering scheme) |
Grade: | Hasan (Darussalam) |
Reference | : Jami` at-Tirmidhi 1365 |
In-book reference | : Book 15, Hadith 46 |
English translation | : Vol. 3, Book 13, Hadith 1365 |
Narrated Asma' bint Abu Bakr:
The Prophet ordered us to free slaves at the time of solar eclipses.
Reference | : Sahih al-Bukhari 2519 |
In-book reference | : Book 49, Hadith 3 |
USC-MSA web (English) reference | : Vol. 3, Book 46, Hadith 695 |
(deprecated numbering scheme) |
Narrated Asma' bint Abu Bakr:
We were ordered to free slaves at the time of lunar eclipses.
Reference | : Sahih al-Bukhari 2520 |
In-book reference | : Book 49, Hadith 4 |
USC-MSA web (English) reference | : Vol. 3, Book 46, Hadith 696 |
(deprecated numbering scheme) |
Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 1192 |
In-book reference | : Book 3, Hadith 32 |
English translation | : Book 3, Hadith 1188 |
'Abdullah b. 'Umar reported that 'Umar b. Khattab asked the Messenger of Allah (may peace be upon him) as he was at ji'rana (a town near Mecca) on his way back from Ta'if:
Reference | : Sahih Muslim 1656c |
In-book reference | : Book 27, Hadith 41 |
USC-MSA web (English) reference | : Book 15, Hadith 4074 |
(deprecated numbering scheme) |
Malik related to me that he heard that Umar ibn al-Khattab saw a female slave belonging to Abdullah ibn Umar ibn al-Khattab. She was dressed like free (non-slave) women. He went to his daughter Hafsa and said, "Didn't I see your brother's slave-girl dressed like a free (non-slave) woman walking among the people and causing trouble?" Umar disapproved of that.
Sunnah.com reference | : Book 54, Hadith 45 |
USC-MSA web (English) reference | : Book 54, Hadith 44 |
Arabic reference | : Book 54, Hadith 1810 |
Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace,said, "If a man frees his share of a slave and has enough money to cover the full price of the slave justly evaluated for him, he must buy out his partners so that the slave is completely freed. If he doesn't have the money, he partially frees him.
USC-MSA web (English) reference | : Book 38, Hadith 1 |
Arabic reference | : Book 38, Hadith 1467 |
Malik related to me from Rabia ibn Abd ar-Rahman that az-Zubayr ibn al-Awwam bought a slave and set him free. The slave had children by a free woman. When az-Zubayr freed him, he said, "They are my mawali." The man argued, "They are the mawali of their mother. Rather, they are our mawali." They took the dispute to Uthman ibn Affan, and Uthman gave a judgement that az-Zubayr had their wala'.
USC-MSA web (English) reference | : Book 38, Hadith 21 |
Arabic reference | : Book 38, Hadith 1486 |
صَحِيح (الألباني) | حكم : |
Reference | : Mishkat al-Masabih 1523 |
In-book reference | : Book 5, Hadith 1 |
Narrated Abu Musa:
The Prophet said, "Set the captives free, accept the invitation (to a wedding banquet), and visit the patients."
Reference | : Sahih al-Bukhari 5174 |
In-book reference | : Book 67, Hadith 109 |
USC-MSA web (English) reference | : Vol. 7, Book 62, Hadith 103 |
(deprecated numbering scheme) |
Narrated Ibn `Abbas:
The Prophet said: "There are two blessings that many people are deceived into losing: health and free time."
Reference | : Sahih al-Bukhari 6412 |
In-book reference | : Book 81, Hadith 1 |
USC-MSA web (English) reference | : Vol. 8, Book 76, Hadith 421 |
(deprecated numbering scheme) |
Yahya related to me from Malik from Nafi that Abdullah ibn Umar was asked about a woman whose husband died while she was pregnant, and he said, "When she gives birth, she is free to marry." A man of the Ansar who was with him told him that Umar ibn al-Khattab had said, "Had she given birth while her husband was still on his bed, unburied, she would be free to marry."
USC-MSA web (English) reference | : Book 29, Hadith 84 |
Arabic reference | : Book 29, Hadith 1247 |
Malik related to me from Nafi from Abdullah ibn Umar that A'isha umm al-muminin wanted to buy a slave-girl and set her free. Her people said, "We will sell her to you provided that her wala' is ours." She mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "Don't let that hinder you, for the wala' only belongs to the one who sets free."
USC-MSA web (English) reference | : Book 38, Hadith 18 |
Arabic reference | : Book 38, Hadith 1483 |
Grade: | Sahih (Darussalam) |
Reference | : Jami` at-Tirmidhi 1346 |
In-book reference | : Book 15, Hadith 26 |
English translation | : Vol. 3, Book 13, Hadith 1346 |
Narrated Abu Muisa Al-Ash`ari:
The Prophet said, "Feed the hungry, visit the sick, and set free the captives."
Reference | : Sahih al-Bukhari 5649 |
In-book reference | : Book 75, Hadith 9 |
USC-MSA web (English) reference | : Vol. 7, Book 70, Hadith 552 |
(deprecated numbering scheme) |
Narrated `Abdullah:
The Muslims did not free slaves as Sa'iba, but the People of the Pre-lslamic Period of Ignorance used to do so.
Reference | : Sahih al-Bukhari 6753 |
In-book reference | : Book 85, Hadith 30 |
USC-MSA web (English) reference | : Vol. 8, Book 80, Hadith 745 |
(deprecated numbering scheme) |
Narrated Jabir bin `Abdullah:
The Prophet had forbidden the sale of fruits till they were ripe (free from blight).
Reference | : Sahih al-Bukhari 1487 |
In-book reference | : Book 24, Hadith 87 |
USC-MSA web (English) reference | : Vol. 2, Book 24, Hadith 564 |
(deprecated numbering scheme) |
Grade: | Sahih (Darussalam) |
Reference | : Jami` at-Tirmidhi 2304 |
In-book reference | : Book 36, Hadith 1 |
English translation | : Vol. 4, Book 10, Hadith 2304 |
Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud that one of the Ansar came to the Messenger of Allah, may Allah bless him and grant him peace, with a black slave- girl of his. He said, "Messenger of Allah, I must set a slave free who is a mumina. If you think that she is mumina, I will free her." The Messenger of Allah, may Allah bless him and grant him peace, questioned her, "Do you testify that there is no god but Allah?" She said, "Yes." "Do you testify that Muhammad is the Messenger of Allah?" She said, "Yes." "Are you certain about the rising after death?" She said, "Yes." The Messenger of Allah, may Allah bless him and grant him peace, said, "Free her."
USC-MSA web (English) reference | : Book 38, Hadith 9 |
Arabic reference | : Book 38, Hadith 1474 |
Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 3930 |
In-book reference | : Book 31, Hadith 5 |
English translation | : Book 30, Hadith 3919 |
لم تتمّ دراسته (الألباني) | حكم : |
Reference | : Mishkat al-Masabih 3335 |
In-book reference | : Book 13, Hadith 249 |
Sunnah.com reference | : Book 8, Hadith 74 |
English translation | : Book 8, Hadith 1037 |
Arabic reference | : Book 8, Hadith 1027 |
ضَعِيف جدا (الألباني) | حكم : |
Reference | : Mishkat al-Masabih 1966 |
In-book reference | : Book 7, Hadith 10 |
Grade: | Da'if (Darussalam) |
Reference | : Sunan Ibn Majah 1928 |
In-book reference | : Book 9, Hadith 84 |
English translation | : Vol. 3, Book 9, Hadith 1928 |
Grade: | Hasan (Darussalam) |
Reference | : Sunan Ibn Majah 2525 |
In-book reference | : Book 19, Hadith 14 |
English translation | : Vol. 3, Book 19, Hadith 2525 |
صَحِيح (الألباني) | حكم : |
Reference | : Mishkat al-Masabih 3303 |
In-book reference | : Book 13, Hadith 217 |
Grade: | Sahih Maqtu' (Al-Albani) | صحيح مقطوع (الألباني) | حكم : |
Reference | : Sunan Abi Dawud 4518 |
In-book reference | : Book 41, Hadith 25 |
English translation | : Book 40, Hadith 4503 |
صَحِيح (الألباني) | حكم : |
Reference | : Mishkat al-Masabih 1489 |
In-book reference | : Book 4, Hadith 888 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan Ibn Majah 1958 |
In-book reference | : Book 9, Hadith 114 |
English translation | : Vol. 3, Book 9, Hadith 1958 |
Grade: | Da'if (Darussalam) |
Reference | : Sunan Ibn Majah 2074 |
In-book reference | : Book 10, Hadith 59 |
English translation | : Vol. 3, Book 10, Hadith 2074 |
Grade: | [Da'of (Darussalam) [; because of the weakness of 'Abdullah bin Lahee'ah] (Darussalam) |
Reference | : Musnad Ahmad 212 |
In-book reference | : Book 2, Hadith 129 |
Malik related to me that he had heard that Said ibn al-Musayyab was asked about a mukatab who was shared between two men. One of them freed his portion and then the mukatab died and left a lot of money. Said replied, "The one who kept his kitaba is paid what remains due to him, and then they divide what is left between them both equally."
Malik said, "When a mukatab who fulfils his kitaba and becomes free dies, he is inherited from by the people who wrote his kitaba and their children and paternal relations - whoever is most deserving."
He said, "This is also for whoever is set free when he dies after being set free - his inheritance is for the nearest people to him of children or paternal relations who inherit by means of the wala'."
Malik said, "Brothers, written together in the same kitaba, are in the same position as children to each other when none of them have children written in the kitaba or born in the kitaba. When one of them dies and leaves property, he pays for them all that is against them of their kitaba and sets them free. The money left over after that goes to his children rather than his brothers."
USC-MSA web (English) reference | : Book 39, Hadith 10 |
Arabic reference | : Book 39, Hadith 1499 |
Grade: | Sahih (Darussalam) |
Reference | : Sunan an-Nasa'i 4656 |
In-book reference | : Book 44, Hadith 208 |
English translation | : Vol. 5, Book 44, Hadith 4660 |
Grade: | Da'if (Darussalam) |
Reference | : Sunan Ibn Majah 2522 |
In-book reference | : Book 19, Hadith 11 |
English translation | : Vol. 3, Book 19, Hadith 2522 |
Another chain reports a similar hadith.
حَدَّثَنَا مُحَمَّدُ بْنُ عَبْدِ اللَّهِ بْنِ نُمَيْرٍ، حَدَّثَنَا الْمُطَّلِبُ بْنُ زِيَادٍ، عَنْ إِسْحَاقَ بْنِ إِبْرَاهِيمَ، قَالَ قَالَ عَبْدُ اللَّهِ بْنُ مَسْعُودٍ لِجَدِّي فَذَكَرَ نَحْوَهُ .
Grade: | Da'if (Darussalam) |
Reference | : Sunan Ibn Majah 2530 |
In-book reference | : Book 19, Hadith 19 |
English translation | : Vol. 3, Book 19, Hadith 2530 |