| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2760 |
| In-book reference | : Book 11, Hadith 2 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2854 |
| In-book reference | : Book 11, Hadith 92 |
| ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3060 |
| In-book reference | : Book 12, Hadith 19 |
| Grade: | Sahih (Al-Albani) | صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2825 |
| In-book reference | : Book 11, Hadith 64 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3466 |
| In-book reference | : Book 16, Hadith 18 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1085 |
| In-book reference | : Book 4, Hadith 502 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1953 |
| In-book reference | : Book 6, Hadith 178 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4071 |
| In-book reference | : Book 20, Hadith 8 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3872 |
| In-book reference | : Book 19, Hadith 84 |
| Reference | : Mishkat al-Masabih 5619 |
| In-book reference | : Book 28, Hadith 92 |
| Reference | : Mishkat al-Masabih 5652 |
| In-book reference | : Book 28, Hadith 123 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 76 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6057 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 165 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6150 |
| صَحِيح (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 216 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6202 |
Narrated Abdullah ibn Abbas:
Sa'id ibn Jubayr said: I said to Abdullah ibn Abbas: AbulAbbas, I am surprised to see the difference of opinion amongst the companions of the Apostle (saws) about the wearing of ihram by the Messenger of Allah (saws) when he made it obligatory.
He replied: I am aware of it more than the people. The Messenger of Allah (saws) performed only one hajj. Hence the people differed among themselves. The Messenger of Allah (saws) came out (from Medina) with the intention of performing hajj. When he offered two rak'ahs of prayer in the mosque at Dhul-Hulayfah, he made it obligatory by wearing it.
At the same meeting, he raised his voice in the talbiyah for hajj, when he finished his two rak'ahs. Some people heard it and I retained it from him. He then rode (on the she-camel), and when it (the she-camel) stood up, with him on its back, he raised his voice in the talbiyah and some people heard it at that moment. This is because the people were coming in groups, so they heard him raising his voice calling the talbiyah when his she-camel stood up with him on its back, and they thought that the Messenger of Allah (saws) had raised his voice in the talbiyah when his she-camel stood up with him on its back.
The Messenger of Allah (saws) proceeded further; when he ascended the height of al-Bayda' he raised his voice in the talbiyah. Some people heard it at that moment. They thought that he had raised his voice in the talbiyah when he ascended the height of al-Bayda'. I swear by Allah, he raised his voice in the talbiyah at the place where he prayed, and he raised his voice in the talbiyah when his she-camel stood up with him on its back, and he raised his voice in the talbiyah when he ascended the height of al-Bayda'.
Sa'id (ibn Jubayr) said; He who follows the view of Ibn Abbas raises his voice in talbiyah (and ihram) at the place of is prayer after he finishes two rak'ahs of his prayer.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1770 |
| In-book reference | : Book 11, Hadith 50 |
| English translation | : Book 10, Hadith 1766 |
Narrated Sakhr ibn al-Ayla al-Ahmasi:
The Messenger of Allah (saws) raided Thaqif. When Sakhr heard this, he proceeded on his horse along with some horsemen to support the Prophet (saws). He found the Prophet of Allah (saws) had returned and he did not conquer (Ta'if).
On that day Sakhr made a covenant with Allah and had His protection that he would not depart from that fortress until they (the inhabitants) surrendered to the command of the Messenger of Allah (saws). He did not leave them until they had surrendered to the command of the Messenger of Allah (saws).
Sakhr then wrote to him: To proceed: Thaqif have surrendered to your command, Messenger of Allah, and I am on my way to them. They have horses with them.
The Messenger of Allah (saws) then ordered prayers to be offered in congregation. He then prayed for Ahmas ten times: O Allah, send blessings the horses and the men of Ahmas.
The people came and Mughirah ibn Shu'bah said to him: Prophet of Allah, Sakhr took my paternal aunt while she embraced Islam like other Muslims.
He called him and said: Sakhr, when people embrace Islam, they have security of their blood and property. Give back to Mughirah his paternal aunt.
So he returned his aunt to him and asked the Prophet of Allah (saws): What about Banu Sulaym who have run away for (fear of) Islam and left that water? He said: Prophet of Allah, allow me and my people to settle there.
He said: Yes. So he allowed him to settle there. Banu Sulaym then embraced Islam, and they came to Sakhr. They asked him to return their water to them. But he refused.
So they came to the Prophet (saws) and said: Prophet of Allah, we embraced Islam and came to Sakhr so that he might return our water to us. But he has refused.
He (the Prophet) then came to him and said: When people embrace Islam, they secure their properties and blood. Return to the people their water.
He said: Yes, Prophet of Allah. I saw that the face of the Messenger of Allah (saws) was reddening at that moment, being ashamed of taking back from him the slave-girl and the water.
| Grade: | Da'if in chain (Al-Albani) | ضعيف الإسناد (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 3067 |
| In-book reference | : Book 20, Hadith 140 |
| English translation | : Book 19, Hadith 3061 |
قَالَ أَبُو عَبْدِ اللَّهِ بْنُ مَاجَهْ الصَّحِيحُ هُوَ الأَوَّلُ وَالثَّانِي وَهَمٌ . قَالَ أَبُو الْحَسَنِ بْنُ سَلَمَةَ حَدَّثَنَا أَبُو حَاتِمٍ، وَأَبُو عُثْمَانَ الْبُخَارِيُّ قَالاَ حَدَّثَنَا الْمُعَلَّى بْنُ أَسَدٍ، نَحْوَهُ .| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 374 |
| In-book reference | : Book 1, Hadith 108 |
| English translation | : Vol. 1, Book 1, Hadith 374 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 792 |
| In-book reference | : Book 4, Hadith 58 |
| English translation | : Vol. 1, Book 4, Hadith 792 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3847 |
| In-book reference | : Book 34, Hadith 21 |
| English translation | : Vol. 5, Book 34, Hadith 3847 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2265 |
| In-book reference | : Book 12, Hadith 129 |
| English translation | : Vol. 3, Book 12, Hadith 2265 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2292 |
| In-book reference | : Book 12, Hadith 156 |
| English translation | : Vol. 3, Book 12, Hadith 2292 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 3440 |
| In-book reference | : Book 31, Hadith 5 |
| English translation | : Vol. 4, Book 31, Hadith 3440 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 2903 |
| In-book reference | : Book 25, Hadith 22 |
| English translation | : Vol. 4, Book 25, Hadith 2903 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2907 |
| In-book reference | : Book 25, Hadith 26 |
| English translation | : Vol. 4, Book 25, Hadith 2907 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 910 |
| In-book reference | : Book 5, Hadith 108 |
| English translation | : Vol. 1, Book 5, Hadith 910 |
| Reference | : Al-Adab Al-Mufrad 1020 |
| In-book reference | : Book 42, Hadith 57 |
| English translation | : Book 42, Hadith 1020 |
| Reference | : Bulugh al-Maram 562 |
| In-book reference | : Book 3, Hadith 30 |
| English translation | : Book 3, Hadith 586 |
| Sunnah.com reference | : Book 5, Hadith 51 |
| English translation | : Book 5, Hadith 720 |
| Arabic reference | : Book 5, Hadith 700 |
| Sunnah.com reference | : Book 2, Hadith 89 |
| English translation | : Book 2, Hadith 222 |
| Arabic reference | : Book 2, Hadith 224 |
Farasikh (plural of Farsakh) is Persian unit of distance. Farsakh is equal to about three miles.
| Sunnah.com reference | : Book 2, Hadith 343 |
| English translation | : Book 2, Hadith 428 |
| Arabic reference | : Book 2, Hadith 433 |
Yahya related to me from Malik from Ibn Shihab from Abbad ibn Ziyad, a descendant of al-Mughira ibn Shuba from his father from al Mughira ibn Shuba that the Messenger of Allah, may Allah bless him and grant him peace, went to relieve himself during the expedition of Tabuk. Mughira said, "I went with him, taking water. Then the Messenger of Allah, may Allah bless him and grant him peace, came back and I poured out the water for him. He washed his hands and then went to push his hands out of the sleeves of his garment, but could not do so because of their narrowness. So he brought them out from underneath his garment. Then he washed his arms, wiped his head and wiped over his leather socks. The Messenger of Allah, may Allah bless him and grant him peace, returned and Abdar Rahman ibn Awf was leading the people in prayer, and he had already finished one raka with them. The Messenger of Allah, may Allah bless him and grant him peace, prayed the remaining raka with them to everyone's concern. When the Messenger of Allah, may Allah bless him and grant him peace, finished he said, 'You have acted correctly.' "
| USC-MSA web (English) reference | : Book 2, Hadith 42 |
| Arabic reference | : Book 2, Hadith 72 |
Yahya related to me from Malik from al-Ala ibn Abd ar-Rahman ibn Yaqub that Abu Said, the mawla of Amir ibn Kuraz told him that the Messenger of Allah, may Allah bless him and grant him peace, called toUbayy ibn Kab while he was praying. When Ubayy had finished his prayer he joined the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah put his hand upon his hand, and he was intending to leave by the door of the mosque, so the Messenger of Allah, may Allah bless him and grant him peace, said, "I hope that you will not leave the mosque until you know a sura whose like Allah has notsentdown in the Tawrah nor in the Injil nor in the Qur'an." Ubayysaid, "I began to slow down my pace in the hope of that. Then I said, 'Messenger of Allah, the sura you promised me!' He said, 'What do you recite when you begin the prayer?' I recited the Fatiha (Sura 1 ) until I came to the end of it, and the Messengerof Allah, may Allah bless him and grant him peace, said, 'It is this sura, and it is the "seven oft-repeated" and the Great Qur'an which I was given.' "
| Sunnah.com reference | : Book 3, Hadith 39 |
| USC-MSA web (English) reference | : Book 3, Hadith 39 |
| Arabic reference | : Book 3, Hadith 186 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 479 |
| In-book reference | : Book 3, Hadith 27 |
| English translation | : Vol. 1, Book 3, Hadith 479 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 482 |
| In-book reference | : Book 3, Hadith 30 |
| English translation | : Vol. 1, Book 3, Hadith 482 |
| Grade: | Da'if (Darussalam) because of the weakness of Al-Harith Al-A'war] (Darussalam) |
| Reference | : Musnad Ahmad 678 |
| In-book reference | : Book 5, Hadith 111 |
| Grade: | Isnād Hasan (Zubair `Aliza'i) | ضَعِيف (الألباني) | حكم : |
| إسنادہ حسن (زبیر علی زئی) |
| Reference | : Mishkat al-Masabih 58 |
| In-book reference | : Book 1, Hadith 52 |
| ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2603 |
| In-book reference | : Book 10, Hadith 95 |
قَالَ البُخَارِيّ: رَوَاهُ قَتَادَة وَيُونُس وَهِشَام وَأَبُو هِلَالٍ عَنِ ابْنِ سِيرِينَ عَنْ أَبِي هُرَيْرَةَ وَقَالَ يُونُسُ: لَا أَحْسَبُهُ إِلَّا عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي الْقَيْدِ وَقَالَ مُسْلِمٌ: لَا أَدْرِي هُوَ فِي الْحَدِيثِ أَمْ قَالَهُ ابْنُ سِيرِينَ؟ وَفِي رِوَايَةٍ نَحْوُهُ وَأَدْرَجَ فِي الْحَدِيثِ قَوْلَهُ: «وَأَكْرَهُ الْغُلَّ. . .» إِلَى تَمام الْكَلَام
| مُتَّفَقٌ عَلَيْهِ, صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4614, 4615 |
| In-book reference | : Book 24, Hadith 8 |
Narrated Ali ibn AbuTalib:
Ali said on the pulpit in the mosque of Kufah: When Friday comes, the devils go to the markets with their flags, and involve people in their needs and prevent them from the Friday prayer. The angels come early in the morning, sit at the door of the mosque, and record that so-and-so came at the first hour, and so-and-so came at the second hour until the imam comes out (for preaching).
When a man sits in a place where he can listen (to the sermon) and look (at the imam), where he remains silent and does not interrupt, he will receive a double reward. If he stays away, sits in a place where he cannot listen (to the sermon), silent, and does not interrupt, he will receive the reward only once. If he sits in a place where he can listen (to the sermon) and look (at the imam), and he does not remain silent, he will have the burden of it. If anyone says to his companion sitting besides him to be silent (while the imam is preaching), he is guilty of idle talk. Anyone who interrupts (during the sermon) will receive nothing (no reward) on that Friday.
Then he (the narrator) says in the end of this tradition: I heard the Messenger of Allah (saws) say so.
Abu Dawud said: This tradition has been narrated by al-Walid b. Muslim from Ibn Jabir. This version adds: bi'l-raba'ith (instead of al-raba'ith, needs preventing the people from prayer). Further, this adds: Freed slave of his wife Umm 'Uthman b. 'Ata.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1051 |
| In-book reference | : Book 2, Hadith 662 |
| English translation | : Book 3, Hadith 1046 |
Narrated Muslim ibn al-Harith ibn Muslim at-Tamimi:
A similar tradition (to No. 5061) has been transmitted by Muslim ibn al-Harith ibn Muslim at-Tamimi on the authority of his father from the Prophet (saws) through a different chain of narrators, up to "protection from it".
But this version says: "before speaking to anyone". In this version Ali ibn Sahl said that his father told him.
Ali and Ibn al-Musaffa said: The Messenger of Allah (saws) sent us on an expedition. When we reached the place of attack, I galloped my horse and outstripped my companions, and the people of that locality received me with a great noise.
I said to them: Say "There is no god but Allah," and you will be protected. They said this.
My companions blamed me, saying: You deprived us of the booty. When we came to the Messenger of Allah (saws), they told him what I had done.
So he called me, appreciating what I had done, and said: Allah has recorded for you so and so (a reward) for every man of them.
AbdurRahman said: I forgot the reward. The Messenger of Allah (saws) then said: I shall write a will for you after me. He did this and stamped it, and gave it to me, saying....He then mentioned the rest of the tradition to the same effect. Ibn al-Musaffa said: I heard al-Harith ibn Muslim ibn al-Harith at-Tamimi transmitting it from his father.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 5080 |
| In-book reference | : Book 43, Hadith 308 |
| English translation | : Book 42, Hadith 5062 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 321 |
| In-book reference | : Book 1, Hadith 321 |
| English translation | : Book 1, Hadith 321 |
Malik said, "The best of what is said about a man who buys the mukatab of a man is that if the man wrote the slave's kitaba for dinars or dirhams, he does not sell him unless it is for merchandise which is paid immediately and not deferred, because if it is deferred, it would be a debt for a debt. A debt for a debt is forbidden."
He said, "If the master gives a mukatab his kitaba for certain merchandise of camels, cattle, sheep, or slaves, it is more correct that the buyer buy him for gold, silver, or different goods than the ones his master wrote the kitaba for, and that must be paid immediately, not deferred."
Malik said, "The best of what I have heard about a mukatab when he is sold is that he is more entitled to buy his kitaba than the one who buys him if he can pay his master the price for which he was sold in cash. That is because his buying himself is his freedom, and freedom has priority over what bequests accompany it. If one of those who have written the kitaba for the mukatab sells his portion of him, so that a half, a third, a fourth, or whatever share of the mukatab is sold, the mukatab does not have the right of pre-emption in what is sold of him. That is because it is like the severance of a partner, and a partner can only make a settlement for a partner of the one who is mukatab with the permission of his partners because what is sold of him does not give him complete rights as a free man and his property is barred from him, and by buying part of himself, it is feared that he will become incapable of completing payment because of what he had to spend. That is not like the mukatab buying himself completely unless whoever has some of the kitaba remaining due to him gives him permission. If they give him permission, he is more entitled to what is sold of him."
Malik said, "Selling one of the instalments of a mukatab is not halal. That is because it Is an uncertain transaction. If the mukatab cannot pay it, what he owes is nullified. If he dies or goes bankrupt and he owes debts to people, then the person who bought his instalment does not take any of his portion with the creditors. The person who buys one of the instalments of the mukatab is in the position of the master of the mukatab. The master of the mukatab does not have a share with the creditors of the mukatab for what he is owed of the kitaba of his slave. It is also like that with the kharaj, (a set amount deducted daily from the slave against his earnings), which accumulates for a master from the earnings of his slave. The creditors of his slave do not allow him a share for what has accumulated for him from those deductions."
Malik said, "There is no harm in a mukatab paying off his kitaba with coin or merchandise other than the merchandise for which he wrote his kitaba if it is identical with it, on time (for the instalment) or delayed. "
Malik said that if a mukatab died and left an umm walad and small children by her or by someone else and they could not work and it was feared that they would be unable to fulfil their kitaba, the umm walad of the father was sold if her price would pay all the kitaba for them, whether or not she was their mother. They were paid for and set free because their father did not forbid her sale if he feared that he would be unable to complete his kitaba. If her price would not pay for them and neither she nor they could work, they all reverted to being slaves of the master.
Malik said, "What is done among us in the case of a person who buys the kitaba of a mukatab, and then the mukatab dies before he has paid his kitaba, is that the person who bought the kitaba inherits from him. If, rather than dying, the mukatab cannot pay, the buyer has his person. If the mukatab pays his kitaba to the person who bought him and he is freed, his wala' goes to the person who wrote the kitaba and the person who bought his kitaba does not have any of it."
| USC-MSA web (English) reference | : Book 39, Hadith 7 |
| مُتَّفَقٌ عَلَيْهِ, صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5841, 5842 |
| In-book reference | : Book 29, Hadith 100 |
| Reference | : Al-Adab Al-Mufrad 1072 |
| In-book reference | : Book 43, Hadith 22 |
| English translation | : Book 43, Hadith 1072 |
| Reference | : Al-Adab Al-Mufrad 508 |
| In-book reference | : Book 29, Hadith 18 |
| English translation | : Book 29, Hadith 508 |
| Sunnah.com reference | : Book 9, Hadith 31 |
| English translation | : Book 9, Hadith 1228 |
| Arabic reference | : Book 9, Hadith 1199 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 3836 |
| In-book reference | : Book 34, Hadith 10 |
| English translation | : Vol. 5, Book 34, Hadith 3836 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3509 |
| In-book reference | : Book 31, Hadith 74 |
| English translation | : Vol. 4, Book 31, Hadith 3509 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1523 |
| In-book reference | : Book 6, Hadith 91 |
| English translation | : Vol. 1, Book 6, Hadith 1523 |
Malik said, The best of what I have heard about a mukatab whose master frees him at death, is that the mukatab is valued according to what he would fetch if he were sold. If that value is less than what remains against him of his kitaba, his freedom is taken from the third that the deceased can bequeath. One does not look at the number of dirhams which remain against him in his kitaba. That is because had he been killed, his killer would not be in debt for other than his value on the day he killed him. Had he been injured, the one who injured him would not be liable for other than the blood-money of the injury on the day of his injury. One does not look at how much he has paid of dinars and dirhams of the contract he has written because he is a slave as long as any of his kitaba remains. If what remains in his kitaba is less than his value, only whatever of his kitaba remains owing from him is taken into account in the third of the property of the deceased. That is because the deceased left him what remains of his kitaba and so it becomes a bequest which the deceased made."
Malik said, "The illustration of that is that if the price of the mukatab is one thousand dirhams, and only one hundred dirhams remain of his kitaba, his master leaves him the one hundred dirhams which complete it for him. It is taken into account in the third of his master and by it he becomes free."
Malik said that if a man wrote his slave a kitaba at his death, the value of the slave was estimated. If there was enough to cover the price of the slave in one third of his property, that was permitted for him.
Malik said, "The illustration of that is that the price of the slave is one thousand dinars. His master writes him a kitaba for two hundred dinars at his death. The third of the property of his master is one thousand dinars, so that is permitted for him. It is only a bequest which he makes from one third of his property. If the master has left bequests to people, and there is no surplus in the third after the value of the mukatab, one begins with the mukatab because the kitaba is setting free, and setting free has priority over bequests. When those bequests are paid from the kitaba of the mukatab, they follow it. The heirs of the testator have a choice. If they want to give the people with bequests all their bequests and the kitaba of the mukatab is theirs, they have that. If they refuse and hand over the mukatab and what he owes to the people with bequests they can do that, because the third commences with the mukatab and because all the bequests which he makes are as one."
If the heirs then say, "What our fellow bequeathed was more than one third of his property and he has taken what was not his," Malik said, "His heirs choose. It is said to them, 'Your companion has made the bequests you know about and if you would like to give them to those who are to receive them according to the deceased's bequests, then do so. If not, hand over to the people with bequests one third of the total property of the deceased.' "
Malik continued, "If the heirs surrender the mukatab to the people with bequests, the people with bequests have what he owes of his kitaba. If the mukatab pays what he owes of his kitaba, they take that in their bequests according to their shares. If the mukatab cannot pay, he is a slave of the people with bequests and does not return to the heirs because they gave him up when they made their choice, and because when he was surrendered to the people with bequests, they were liable. If he died, they would not have anything against the heirs. If the mukatab dies before he pays his kitaba and he leaves property which is more than what he owes, his property goes to the people with bequests. If the mukatab pays what he owes, he is free and his wala' returns to the paternal relations of the one who wrote the kitaba for him."
Malik spoke about a mukatab who owed his master ten thousand dirhams in his kitaba, and when he died he remitted one thousand dirhams from it. He said, "The mukatab is valued and his value is taken into consideration. If his value is one thousand dirhams and the reduction is a tenth of the kitaba, that portion of the slave's price is one hundred dirhams. It is a tenth of the price. A tenth of the kitaba is therefore reduced for him. That is converted to a tenth of the price in cash. That is as if he had had all of what he owed reduced for him. Had he done that, only the value of the slave - one thousand dirhams - would have been taken into account in the third of the property of the deceased. If that which he had remitted is half of the kitaba, half the price is taken into account in the third of the property of the deceased. If it is more or less than that, it is according to this reckoning."
Malik said, "When a man reduces the kitaba of his mukatab by one thousand dirhams at his death from a kitaba of ten thousand dirhams, and he does not stipulate whether it is from the beginning or the end of his kitaba, each instalment is reduced for him by one tenth."
Malik said, "If a man remits one thousand dirhams from his mukatab at his death from the beginning or end of his kitaba, and the original basis of the kitaba is three thousand dirhams, the mukatab's cash value is estimated. Then that value is divided. That thousand which is from the beginning of the kitaba is converted into its portion of the price according to its proximity to the term and its precedence and then the thousand which follows the first thousand is according to its precedence also until it comes to its end, and every thousand is paid according to its place in advancing and deferring the term because what is deferred of that is less in respect of its price. Then it is placed in the third of the deceased according to whatever of the price befalls that thousand according to the difference in preference of that, whether it is more or less, then it is according to this reckoning."
Malik spoke about a man who willed a man a fourth of a mukatab or freed a fourth, and then the man died and the mukatab died and left a lot of property, more than he owed. He said, "The heirs of the first master and the one who was willed a fourth of the mukatab are given what they are still owed by the mukatab. Then they divide what is left over, and the one willed a fourth has a third of what is left after the kitaba is paid. The heirs of his master gets two-thirds. That is because the mukatab is a slave as long as any of his kitaba remains to be paid. He is inherited from by the possession of his person."
Malik said about a mukatab whose master freed him at death, "If the third of the deceased will not cover him, he is freed from it according to what the third will cover and his kitaba is decreased according to that. If the mukatab owed five thousand dirhams and his value is two thousand dirhams cash, and the third of the deceased is one thousand dirhams, half of him is freed and half of the kitaba has been reduced for him." Malik said about a man who said in his will, "My slave so-and-so is free and write a kitaba for so-and- so", that the setting free had priority over the kitaba.
| USC-MSA web (English) reference | : Book 39, Hadith 15 |