| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 202 |
| In-book reference | : Introduction, Hadith 202 |
| English translation | : Vol. 1, Book 1, Hadith 202 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 265 |
| In-book reference | : Introduction, Hadith 265 |
| English translation | : Vol. 1, Book 1, Hadith 265 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1659 |
| In-book reference | : Book 7, Hadith 22 |
| English translation | : Vol. 1, Book 7, Hadith 1659 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 3350 |
| In-book reference | : Book 29, Hadith 100 |
| English translation | : Vol. 4, Book 29, Hadith 3350 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3409 |
| In-book reference | : Book 30, Hadith 39 |
| English translation | : Vol. 4, Book 30, Hadith 3409 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 627 |
| In-book reference | : Book 1, Hadith 361 |
| English translation | : Vol. 1, Book 1, Hadith 627 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 3848 |
| In-book reference | : Book 34, Hadith 22 |
| English translation | : Vol. 5, Book 34, Hadith 3848 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2028 |
| In-book reference | : Book 10, Hadith 13 |
| English translation | : Vol. 3, Book 10, Hadith 2028 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 295 |
| In-book reference | : Book 1, Hadith 29 |
| English translation | : Vol. 1, Book 1, Hadith 295 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 478 |
| In-book reference | : Book 1, Hadith 212 |
| English translation | : Vol. 1, Book 1, Hadith 478 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2140 |
| In-book reference | : Book 12, Hadith 4 |
| English translation | : Vol. 3, Book 12, Hadith 2140 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 2484 |
| In-book reference | : Book 16, Hadith 49 |
| English translation | : Vol. 3, Book 16, Hadith 2484 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1650 |
| In-book reference | : Book 7, Hadith 13 |
| English translation | : Vol. 1, Book 7, Hadith 1650 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3206 |
| In-book reference | : Book 28, Hadith 7 |
| English translation | : Vol. 4, Book 28, Hadith 3206 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 2779 |
| In-book reference | : Book 24, Hadith 27 |
| English translation | : Vol. 4, Book 24, Hadith 2779 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 3576 |
| In-book reference | : Book 32, Hadith 27 |
| English translation | : Vol. 4, Book 32, Hadith 3576 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2889 |
| In-book reference | : Book 25, Hadith 8 |
| English translation | : Vol. 4, Book 25, Hadith 2889 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4278 |
| In-book reference | : Book 37, Hadith 179 |
| English translation | : Vol. 5, Book 37, Hadith 4278 |
Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."
Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)
Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."
Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."
Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."
Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."
Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."
Malik said that if a man and his wife's son (by another husband) inherited a mukatab from the wife and the mukatab died before he had completed his kitaba, they divided his inheritance between them according to the Book of Allah. If the slave paid his kitaba and then died, his inheritance went to the son of the woman, and the husband had nothing of his inheritance.
Malik said that if a mukatab gave his own slave a kitaba, the situation was looked at. If he wanted to do his slave a favour and it was obvious by his making it easy for him, that was not permitted. If he was giving him a kitaba from desire to find money to pay off his own kitaba, that was permitted for him.
Malik said that if a man had intercourse with a mukataba of his and she became pregnant by him, she had an option. If she liked she could be an umm walad. If she wished, she could confirm her kitaba. If she did not conceive, she still had her kitaba.
Malik said, "The generally agreed on way of doing things among us about a slave who is owned by two men is that one of them does not give a kitaba for his share, whether or not his companion gives him permission to do so, unless they both write the kitaba together, because that alone would effect setting him free. If the slave were to fulfil what he had agreed on to free half of himself, and then the one who had given a kitaba for half of him was not obliged to complete his setting free, that would be in opposition to the words of the Messenger of Allah, may Allah bless him and grant him peace. 'If someone frees his share in 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 said, "If he is not aware of that until the mukatab has met the terms or before he has met them the owner who has written him the kitaba returns what he has taken from the mukatab to him, and then he and his partner divide him according to their original shares and the kitaba is invalid. He is the slave of both of them in his original state."
Malik spoke about a mukatab who was owned by two men and one of them granted him a delay in the payment of the right which he was owed, and the other refused to defer it, and so the one who refused to defer the payment exacted his part of the due. Malik said that if the mukatab then died and left property which did not complete his kitaba, "They divide it according to what they are still owed by him. Each of them takes according to his share. If the mukatab leaves more than his kitaba, each of them takes what remains to them of the kitaba, and what remains after that is divided equally between them. If the mukatab is unable to pay his kitaba fully and the one who did not allow him to defer his payment has exacted more than his associate did, the slave is still divided equally between them, and he does not return to his associates the excess of what he has exacted, because he only exacted his right with the permission of his associate. If one of them remits what is owed to him and then his associate exacts part of what he is owed by him and then the mukatab is unable to pay, he belongs to both of them. And the one who has exacted something does not return anything because he only demanded what he was owed. That is like the debt of two men in one writing against one man. One of them grants him time to pay and the other is greedy and exacts his due. Then the debtor goes bankrupt. The one who exacted his due does not have to return any of what he took."
| USC-MSA web (English) reference | : Book 39, Hadith 3 |
| Arabic reference | : Book 39, Hadith 1494 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 5421 |
| In-book reference | : Book 49, Hadith 43 |
| English translation | : Vol. 6, Book 49, Hadith 5423 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 208 |
| In-book reference | : Introduction, Hadith 208 |
| English translation | : Vol. 1, Book 1, Hadith 208 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 3816 |
| In-book reference | : Book 33, Hadith 160 |
| English translation | : Vol. 5, Book 33, Hadith 3816 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1715 |
| In-book reference | : Book 7, Hadith 78 |
| English translation | : Vol. 1, Book 7, Hadith 1715 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3008 |
| In-book reference | : Book 25, Hadith 127 |
| English translation | : Vol. 4, Book 25, Hadith 3008 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4051 |
| In-book reference | : Book 36, Hadith 126 |
| English translation | : Vol. 5, Book 36, Hadith 4051 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1771 |
| In-book reference | : Book 7, Hadith 134 |
| English translation | : Vol. 1, Book 7, Hadith 1771 |
Another chain reports a similar hadith.
حَدَّثَنَا مُحَمَّدُ بْنُ يَحْيَى، حَدَّثَنَا عَبْدُ الرَّزَّاقِ، أَنْبَأَنَا الثَّوْرِيُّ، عَنْ بُكَيْرِ بْنِ عَطَاءٍ اللَّيْثِيِّ، عَنْ ...
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3015 |
| In-book reference | : Book 25, Hadith 134 |
| English translation | : Vol. 4, Book 25, Hadith 3015 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 129 |
| In-book reference | : Introduction, Hadith 129 |
| English translation | : Vol. 1, Book 1, Hadith 129 |
| Reference | : Sunan Ibn Majah 252 |
| In-book reference | : Introduction, Hadith 252 |
| English translation | : Vol. 1, Book 1, Hadith 252 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 3817 |
| In-book reference | : Book 33, Hadith 161 |
| English translation | : Vol. 5, Book 33, Hadith 3817 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3708 |
| In-book reference | : Book 33, Hadith 52 |
| English translation | : Vol. 5, Book 33, Hadith 3708 |
Nafi' said: " Abdullah bin 'Umar showed me the place where the Messenger of Allah (SAW) used to observe I'tikaf."
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1773 |
| In-book reference | : Book 7, Hadith 136 |
| English translation | : Vol. 1, Book 7, Hadith 1773 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1581 |
| In-book reference | : Book 6, Hadith 149 |
| English translation | : Vol. 1, Book 6, Hadith 1581 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4146 |
| In-book reference | : Book 37, Hadith 47 |
| English translation | : Vol. 5, Book 37, Hadith 4146 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 4314 |
| In-book reference | : Book 37, Hadith 215 |
| English translation | : Vol. 5, Book 37, Hadith 4314 |
I narrated it to Abu Bakr bin Hazm and he said: "This is what Abu Salamah narrated to me from Abu Hurairah.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 3574 |
| In-book reference | : Book 25, Hadith 4 |
| English translation | : Book 24, Hadith 3567 |
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 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5864 |
| In-book reference | : Book 29, Hadith 122 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 130 |
| In-book reference | : Introduction, Hadith 130 |
| English translation | : Vol. 1, Book 1, Hadith 130 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 178 |
| In-book reference | : Introduction, Hadith 178 |
| English translation | : Vol. 1, Book 1, Hadith 178 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 192 |
| In-book reference | : Introduction, Hadith 192 |
| English translation | : Vol. 1, Book 1, Hadith 192 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 233 |
| In-book reference | : Introduction, Hadith 233 |
| English translation | : Vol. 1, Book 1, Hadith 233 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 728 |
| In-book reference | : Book 3, Hadith 23 |
| English translation | : Vol. 1, Book 3, Hadith 728 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 802 |
| In-book reference | : Book 4, Hadith 68 |
| English translation | : Vol. 1, Book 4, Hadith 802 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1983 |
| In-book reference | : Book 9, Hadith 139 |
| English translation | : Vol. 3, Book 9, Hadith 1983 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2463 |
| In-book reference | : Book 16, Hadith 28 |
| English translation | : Vol. 3, Book 16, Hadith 2463 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3624 |
| In-book reference | : Book 32, Hadith 75 |
| English translation | : Vol. 4, Book 32, Hadith 3624 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 3028 |
| In-book reference | : Book 25, Hadith 147 |
| English translation | : Vol. 4, Book 25, Hadith 3028 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 3035 |
| In-book reference | : Book 25, Hadith 154 |
| English translation | : Vol. 4, Book 25, Hadith 3035 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1120 |
| In-book reference | : Book 5, Hadith 318 |
| English translation | : Vol. 1, Book 5, Hadith 1120 |