| Sunnah.com reference | : Book 50, Hadith 13 |
| Arabic/English book reference | : Book 50, Hadith 1217 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3036 |
| In-book reference | : Book 47, Hadith 88 |
| English translation | : Vol. 5, Book 44, Hadith 3036 |
| Reference | : Sunan Ibn Majah 706 |
| In-book reference | : Book 3, Hadith 1 |
| English translation | : Vol. 1, Book 3, Hadith 706 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 4074 |
| In-book reference | : Book 36, Hadith 149 |
| English translation | : Vol. 5, Book 36, Hadith 4074 |
| Reference | : Al-Adab Al-Mufrad 251 |
| In-book reference | : Book 12, Hadith 14 |
| English translation | : Book 12, Hadith 251 |
| Reference | : Al-Adab Al-Mufrad 932 |
| In-book reference | : Book 40, Hadith 14 |
| English translation | : Book 40, Hadith 932 |
| Reference | : Al-Adab Al-Mufrad 944 |
| In-book reference | : Book 40, Hadith 26 |
| English translation | : Book 40, Hadith 944 |
| Reference | : Bulugh al-Maram 1392 |
| In-book reference | : Book 13, Hadith 19 |
| English translation | : Book 13, Hadith 1392 |
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 |
| Reference | : Al-Adab Al-Mufrad 349 |
| In-book reference | : Book 17, Hadith 0 |
| English translation | : Book 17, Hadith 349 |
| Reference | : Al-Adab Al-Mufrad 509 |
| In-book reference | : Book 29, Hadith 19 |
| English translation | : Book 29, Hadith 509 |
| Reference | : Al-Adab Al-Mufrad 510 |
| In-book reference | : Book 29, Hadith 20 |
| English translation | : Book 29, Hadith 510 |
| Reference | : Al-Adab Al-Mufrad 954 |
| In-book reference | : Book 41, Hadith 3 |
| English translation | : Book 41, Hadith 954 |
| Reference | : Al-Adab Al-Mufrad 724 |
| In-book reference | : Book 31, Hadith 121 |
| English translation | : Book 31, Hadith 724 |
| Reference | : Al-Adab Al-Mufrad 725 |
| In-book reference | : Book 31, Hadith 122 |
| English translation | : Book 31, Hadith 725 |
| Sunnah.com reference | : Book 7, Hadith 27 |
| English translation | : Book 7, Hadith 805 |
| Arabic reference | : Book 7, Hadith 802 |
| Sunnah.com reference | : Book 2, Hadith 309 |
| English translation | : Book 2, Hadith 400 |
| Arabic reference | : Book 2, Hadith 405 |
| Reference | : Hisn al-Muslim 196 |
On the authority of Anas (may Allah be pleased with him) who said:
| Reference | : Hadith 42, 40 Hadith an-Nawawi |
| Reference | : Hadith 34, 40 Hadith Qudsi |
| Reference | : Al-Adab Al-Mufrad 249 |
| In-book reference | : Book 12, Hadith 12 |
| English translation | : Book 12, Hadith 249 |
| Arabic/English book reference | : Book 14, Hadith 290 |
| Reference | : Al-Adab Al-Mufrad 342 |
| In-book reference | : Book 16, Hadith 10 |
| English translation | : Book 16, Hadith 342 |
| Reference | : Al-Adab Al-Mufrad 361 |
| In-book reference | : Book 18, Hadith 9 |
| English translation | : Book 18, Hadith 361 |
| Reference | : Al-Adab Al-Mufrad 603 |
| In-book reference | : Book 30, Hadith 66 |
| English translation | : Book 30, Hadith 603 |
| Reference | : Al-Adab Al-Mufrad 647 |
| In-book reference | : Book 31, Hadith 44 |
| English translation | : Book 31, Hadith 647 |
| Reference | : Al-Adab Al-Mufrad 877 |
| In-book reference | : Book 37, Hadith 3 |
| English translation | : Book 37, Hadith 877 |
| Sunnah.com reference | : Book 2, Hadith 181 |
| English translation | : Book 2, Hadith 293 |
| Arabic reference | : Book 2, Hadith 295 |
| Reference | : Hisn al-Muslim 143 |
رواه مسلم (وكذلك الترمذي والنسائي)
| Reference | : Hadith 6, 40 Hadith Qudsi |
| Reference | : Al-Adab Al-Mufrad 8 |
| In-book reference | : Book 1, Hadith 8 |
| English translation | : Book 1, Hadith 8 |
| Reference | : Al-Adab Al-Mufrad 88 |
| In-book reference | : Book 5, Hadith 5 |
| English translation | : Book 5, Hadith 88 |
| Reference | : Al-Adab Al-Mufrad 986 |
| In-book reference | : Book 42, Hadith 22 |
| English translation | : Book 42, Hadith 986 |
| Sunnah.com reference | : Book 2, Hadith 182 |
| English translation | : Book 2, Hadith 294 |
| Arabic reference | : Book 2, Hadith 296 |
| Reference | : Hisn al-Muslim 40 |
| Reference | : Hisn al-Muslim 81 |
| Reference | : Hisn al-Muslim 4 |
يَجْتَمِعُ المُؤْمِنُونَ يَوْمَ القِيَامَةِ فَيَقُولُونَ : لَوِ اسْتَشْفَعْنَا إلى رَبِّنَا ، فَيَأْتُونَ ادَمَ ، فَيَقُولُونَ : أَنْتَ أَبو النَّاسِ ، خَلَقَكَ اللهُ بِيَدِهِ ، وَأَسْجَدَ لَكَ مَلائِكَتَهُ ، وَعَلَّمَكَ أَسْماءَ كُلِّ شَيْءٍ ، فاشْفَعْ لَنا عِنْدَ رَبِّكَ ، حَتَّى يُرِيحَنا مِنْ مَكَانِنا هَذا ، فَيَقُولُ : لَسْتُ هُنَاكُمْ ـ وَيَذْكُرُ ذَنْبَهُ ، فَيَسْتَحْيي ـ ائْتُوا نُوحاً ؛ فَإِنَّهُ أَوَّلُ رَسُولٍ بَعَثَهُ اللهُ إِلي أَهْلِ الأَرْض ، فَيَأْتُونَهُ ، فَيَقُولُ : لَسْتُ هُنَاكُمْ ـ ويَذْكُرُ سُؤالَهُ رَبَّهُ مَا لَيْسَ لَهُ بِهِ عِلْمٌ ، فَيَسْتَحْيي ـ فَيَقُولُ : اؤْتُوا خَلِيلَ الرَّحْمنِ ، فَيَأْتُونَهُ ، فَيَقُولُ : لَسْتُ هُنَاكُم ، اؤْتُوا موسى ، عَبْداً كَلَّمَهُ اللهُ ، و أَعْطَاهُ التَّوْرَاةَ . فَيَأْتُونَهُ ، فَيَقُولُ : لَسْتُ هُنَاكُمْ ـ وَيَذْكُرُ قَتْلَ النَّفْسِ بِغَيْرِ نَفْسٍ ، فَيَسْتَحْيي مِنْ رَبِّهِ ـ فَيَقُولُ : اؤْتُوا عِيسَى ، عَبْدَ اللهِ وَرَسُولَهُ ، وَكَلِمَةَ اللهِ وَرُوحَهُ . فَيَأْتُونَهُ ، فَيَقُولُ : لَسْتُ هُنَاكُمْ ، اؤْتُوا مُحَمَّداً ، ـ صَلَّى الله عَلَيْهِ وَ سَلَّمَ ـ عَبْداً غَفَرَ اللهُ لَهُ مَا تَقَدَّمَ مِنْ ذَنْبِهِ وَمَا تَأَخَّرَ ، فَيَأْتُونَنِي ، فَأَنْطَلِقُ حَتَّي أَسْتَأْذِنَ عَلَي رَبِّي فَيُؤْذَنُ . فإذا رَأَيْتُ رَبِّي وَقَعْتُ سَاجداً ، فَيَدَعُني مَا شَاءَ اللهُ ...
| Reference | : Hadith 36, 40 Hadith Qudsi |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 23 |
| In-book reference | : Book 2, Hadith 8 |
| Reference | : Al-Adab Al-Mufrad 126 |
| In-book reference | : Book 6, Hadith 26 |
| English translation | : Book 6, Hadith 126 |
| Reference | : Al-Adab Al-Mufrad 1198 |
| In-book reference | : Book 48, Hadith 24 |
| English translation | : Book 48, Hadith 1198 |
| Reference | : Sunan Ibn Majah 708 |
| In-book reference | : Book 3, Hadith 3 |
| English translation | : Vol. 1, Book 3, Hadith 708 |
فَقَالَ : يَا رَسُولَ اَللَّهِ ! إِنْ لَمْ يَكُنْ لَكَ بِهَا حَاجَةٌ فَزَوِّجْنِيهَا .
قَالَ : " فَهَلْ عِنْدكَ مِنْ شَيْءٍ ? " .
فَقَالَ : لَا , وَاَللَّهِ يَا رَسُولَ اَللَّهِ .
فَقَالَ : " اِذْهَبْ إِلَى أَهْلِكَ , فَانْظُرْ هَلْ تَجِدُ شَيْئًا ? " فَذَهَبَ , ثُمَّ رَجَعَ ?
فَقَالَ : لَا , وَاَللَّهِ يَا رَسُولَ اَللَّهِ، مَا وَجَدْتُ شَيْئًا.
فَقَالَ رَسُولُ اَللَّهِ - صلى الله عليه وسلم -" انْظُرْ وَلَوْ خَاتَمًا مِنْ حَدِيدٍ "، فَذَهَبَ، ثُمَّ رَجَعَ.
فَقَالَ : لَا وَاَللَّهِ , يَا رَسُولَ اَللَّهِ , وَلَا خَاتَمًا مِنْ حَدِيدٍ , وَلَكِنْ هَذَا إِزَارِي - قَالَ سَهْلٌ : مَالُهُ رِدَاءٌ - فَلَهَا نِصْفُهُ .
فَقَالَ رَسُولُ اَللَّهِ - صلى الله عليه وسلم -" مَا تَصْنَعُ بِإِزَارِكَ ? إِنْ لَبِسْتَهُ لَمْ يَكُنْ عَلَيْهَا مِنْهُ شَيْءٌ، وَإِنْ لَبِسَتْهُ لَمْ يَكُنْ عَلَيْكَ شَيْءٌ " فَجَلَسَ اَلرَّجُلُ , وَحَتَّى إِذَا طَالَ مَجْلِسُهُ ...
| Sunnah.com reference | : Book 8, Hadith 13 |
| English translation | : Book 8, Hadith 986 |
| Arabic reference | : Book 8, Hadith 979 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 354 |
| In-book reference | : Book 48, Hadith 13 |
| Sunnah.com reference | : Book 27, Hadith 1 |
| Arabic/English book reference | : Book 27, Hadith 476 |
| Reference | : Al-Adab Al-Mufrad 605 |
| In-book reference | : Book 31, Hadith 2 |
| English translation | : Book 31, Hadith 605 |
| Reference | : Al-Adab Al-Mufrad 828 |
| In-book reference | : Book 34, Hadith 18 |
| English translation | : Book 34, Hadith 828 |