Malik said, "The generally agreed on way of doing things in our community about a mudabbar is that the owner cannot sell him or change the position in which he has put him. If a debt overtakes the master, his creditors cannot sell the mudabbar as long as the master is alive. If the master dies and has no debts, the mudabbar is included in the third (of the bequest) because he expected his work from him as long as he lived. He cannot serve him all his life, and then he frees him from his heirs out of the main portion of his property when he dies. If the master of the mudabbar dies and has no property other than him, one third of him is freed, and two thirds of him belong to the heirs. If the master of the mudabbar dies and owes a debt which encompasses the mudabbar, he is sold to meet the debt because he can only be freed in the third (which is allowed for bequest) ."
He said, "If the debt only includes half of the slave, half of him is sold for the debt. Then a third of what remains after the debt is freed. "
Malik said, "It is not permitted to sell a mudabbar and it is not permitted for anyone to buy him unless the mudabbar buys himself from his master. He is permitted to do that. Or else some one gives the master of the mudabbar money and his master who made him a mudabbar frees him. That is also permitted for him."
Malik said, "His wala' belongs to his master who made him a mudabbar."
Malik said, "It is not permitted to sell the service of a mudabbar because it is an uncertain transaction since one does not know how long his master will live. That is uncertain and it is not good."
Malik spoke about a slave who was shared between two men, and one of them made his portion mudabbar. He said, "They estimate his value between them. If the one who made him mudabbar buys him, he is all mudabbar. If he does not buy him, his tadbir is revoked unless the one who retains ownership of him wishes to give his partner who made him mudabbar his value. If he gives him to him for his value, that is binding, and he is all mudabbar."
Malik spoke about the christian man who made a christian slave of his mudabbar and then the slave became muslim. He said, "One separates the master and the slave, and the slave is removed from his christian master and is not sold until his situation becomes clear. If the christian dies and has a debt, his debt is paid from the price of the slave unless he has in his estate what will pay the debt. Then the mudabbar is set free."
| USC-MSA web (English) reference | : Book 40, Hadith 6 |
Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim that his father used to pray four rakas before he went to the place of prayer.
| USC-MSA web (English) reference | : Book 10, Hadith 12 |
| Arabic reference | : Book 10, Hadith 442 |
Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that Abdullah ibn az-Zubayr allowed retaliation for a head wound which splintered the bone.
| USC-MSA web (English) reference | : Book 43, Hadith 6 |
| Arabic reference | : Book 43, Hadith 1573 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 868 |
| In-book reference | : Book 9, Hadith 61 |
| English translation | : Vol. 2, Book 4, Hadith 868 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2147 |
| In-book reference | : Book 32, Hadith 15 |
| English translation | : Vol. 4, Book 6, Hadith 2147 |
| Grade: | Da’if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3569 |
| In-book reference | : Book 48, Hadith 200 |
| English translation | : Vol. 6, Book 46, Hadith 3569 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3808 |
| In-book reference | : Book 49, Hadith 208 |
| English translation | : Vol. 1, Book 46, Hadith 3808 |
[Muslim].
والمراد: بـ “الغني” غني النفس، كما سبق فى الحديث الصحيح.
| Reference | : Riyad as-Salihin 596 |
| In-book reference | : Introduction, Hadith 596 |
[Muslim].
| Reference | : Riyad as-Salihin 1605 |
| In-book reference | : Book 17, Hadith 95 |
[Muslim].
| Reference | : Riyad as-Salihin 1768 |
| In-book reference | : Book 17, Hadith 258 |
| Grade: | [Sahih lighairihi (Darussalam) |
| Reference | : Musnad Ahmad 113 |
| In-book reference | : Book 2, Hadith 31 |
| Grade: | Sahih because of corroborating evidence; this is a Da'if isnad] (Darussalam) |
| Reference | : Musnad Ahmad 984 |
| In-book reference | : Book 5, Hadith 408 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3262 |
| In-book reference | : Book 13, Hadith 179 |
| Reference | : Mishkat al-Masabih 3289 |
| In-book reference | : Book 13, Hadith 204 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3344 |
| In-book reference | : Book 13, Hadith 258 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3348 |
| In-book reference | : Book 13, Hadith 262 |
| واه (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 245 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6231 |
| صَحِيح (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 258 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6244 |
Malik related to me that he heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar when asked whether the sons of a man, who had a kitaba written for himself and his children and then died, worked for the kitaba of their father or were slaves, said, "They work for the kitaba of their father and they have no reduction at all for the death of their father."
Malik said, "If they are small and unable to work, one does not wait for them to grow up and they are slaves of their father's master unless the mukatab has left what will pay their instalments for them until they can work. If there is enough to pay for them in what he has left, that is paid for on their behalf and they are left in their condition until they can work, and then if they pay, they are free. If they cannot do it, they are slaves."
Malik spoke about a mukatab who died and left property which was not enough to pay his kitaba, and he also left a child with him in his kitaba and an umm walad, and the umm walad wanted to work for them. He said, "The money is paid to her if she is trustworthy with it and strong enough to work. If she is not strong enough to work and not trustworthy with property, she is not given any of it and she and the children of the mukatab revert to being slaves of the master of the mukatab."
Malik said, "If people are written together in one kitaba and there is no kinship between them, and some of them are incapable and others work until they are all set free, those who worked can claim from those who were unable, the portion of what they paid for them because some of them assumed the responsibility for others."
| USC-MSA web (English) reference | : Book 39, Hadith 8 |
| Arabic reference | : Book 39, Hadith 1497 |
It was narrated from Rabah... he mentioned a similar hadeeth. He said: I took them to Ameer al-Mu`mineen `Uthman bin `Affan {رضي الله عنه}, who said: The Messenger of Allah (ﷺ) ruled that the child be attributed to (the husband of the woman... and he mentioned a similar report
[حَدَّثَنَا عَبْداللَّه] حَدَّثَنَا شَيْبَانُ أَبُو مُحَمَّدٍ حَدَّثَنَا مَهْدِيُّ بْنُ مَيْمُونٍ حَدَّثَنَا مُحَمَّدُ بْنُ عَبْدِ اللَّهِ بْنِ أَبِي يَعْقُوبَ عَنِ الْحَسَنِ بْنِ سَعْدٍ عَنْ رَبَاحٍ فَذَكَرَ الْحَدِيثَ قَالَ فَرَفَعْتُهُمَا إِلَى ...
| Grade: | Da'if (Darussalam) [ because Rabah is unknown] Da\'if and it is a repeat of the previous report] (Darussalam) |
| Reference | : Musnad Ahmad 416, 417 |
| In-book reference | : Book 4, Hadith 17 |
'A'isha (Allah be pleased with her) reported:
| Reference | : Sahih Muslim 1211m |
| In-book reference | : Book 15, Hadith 131 |
| USC-MSA web (English) reference | : Book 7, Hadith 2776 |
| (deprecated numbering scheme) |
Abu as-Sa'ib, the freed slaved of Hisham b. Zuhra, said that he visited Abu Sa'id Khudri in his house, (and he further) said:
| Reference | : Sahih Muslim 2236a |
| In-book reference | : Book 39, Hadith 190 |
| USC-MSA web (English) reference | : Book 26, Hadith 5557 |
| (deprecated numbering scheme) |
| Reference | : Sunan Ibn Majah 2082 |
| In-book reference | : Book 10, Hadith 67 |
| English translation | : Vol. 3, Book 10, Hadith 2082 |
Yahya related to me from Malik from Umar ibn Husayn, the mawla of A'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla's patron killed the man with a stick.
Malik said, "The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it."
Malik said, "Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive, and he bleeds to death and so dies. There is retaliation for that."
Malik said, "What is done in our community is that a group of free men are killed for the intentional murder of one free man, and a group of women for one woman, and a group of slaves for one slave."
| USC-MSA web (English) reference | : Book 43, Hadith 15 |
| Arabic reference | : Book 43, Hadith 1595 |
| Sunnah.com reference | : Book 30, Hadith 171 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6156 |
Yahya related to me from Malik from Ibn Shihab from Sulayman ibn Yasar that the people of Syria said to Abu Ubayda ibn al-Jarrah, "Take zakat from our horses and slaves," and he refused. Then he wrote to Umar ibn al-Khattab and he (also) refused. Again they talked to him and again he wrote to Umar, and Umar wrote back to him saying, "If they want, take it from them and (then) give it back to them and give their slaves provision."
Malik said, "What he means, may Allah have mercy upon him, by the words 'and give it back to them' is, 'to their poor.' "
| USC-MSA web (English) reference | : Book 17, Hadith 39 |
| Arabic reference | : Book 17, Hadith 615 |
[Al-Bukhari and Muslim].
وروي في الصحيحين : "وأنا معه حين يذكرني" بالنون، وفي هذه الرواية "حيث” بالثاء وكلاهما صحيح.
| Reference | : Riyad as-Salihin 440 |
| In-book reference | : Introduction, Hadith 440 |
| Grade: | Sahih because of corroborating evidence; this is a Da'if isnad because Abu Abdur Raheem Al-Kindi is unknown] (Darussalam) |
| Reference | : Musnad Ahmad 641 |
| In-book reference | : Book 5, Hadith 77 |
ورواه النسائي عنه عن أبي موسى
| صَحِيح, (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 371, 372 |
| In-book reference | : Book 3, Hadith 82 |
| ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1115 |
| In-book reference | : Book 4, Hadith 532 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 3691 |
| In-book reference | : Book 33, Hadith 35 |
| English translation | : Vol. 5, Book 33, Hadith 3691 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1293 |
| In-book reference | : Book 13, Hadith 115 |
| English translation | : Vol. 2, Book 13, Hadith 1294 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1525 |
| In-book reference | : Book 17, Hadith 22 |
| English translation | : Vol. 2, Book 17, Hadith 1526 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 2642 |
| In-book reference | : Book 24, Hadith 24 |
| English translation | : Vol. 3, Book 24, Hadith 2643 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan an-Nasa'i 2038 |
| In-book reference | : Book 21, Hadith 221 |
| English translation | : Vol. 3, Book 21, Hadith 2040 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 2022 |
| In-book reference | : Book 21, Hadith 205 |
| English translation | : Vol. 3, Book 21, Hadith 2024 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1871 |
| In-book reference | : Book 21, Hadith 54 |
| English translation | : Vol. 3, Book 21, Hadith 1872 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan an-Nasa'i 3361 |
| In-book reference | : Book 26, Hadith 166 |
| English translation | : Vol. 4, Book 26, Hadith 3363 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3597 |
| In-book reference | : Book 29, Hadith 4 |
| English translation | : Vol. 4, Book 29, Hadith 3627 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 237 |
| In-book reference | : Book 1, Hadith 238 |
| English translation | : Vol. 1, Book 1, Hadith 238 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2519 |
| In-book reference | : Book 19, Hadith 8 |
| English translation | : Vol. 3, Book 19, Hadith 2519 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3290 |
| In-book reference | : Book 29, Hadith 40 |
| English translation | : Vol. 4, Book 29, Hadith 3290 |
Yahya related to me from Malik from Rabia ibn Abd ar-Rahman that al-Qasim ibn Muhammad would sell produce from his orchard and keep some of it aside.
| USC-MSA web (English) reference | : Book 31, Hadith 17 |
| Arabic reference | : Book 31, Hadith 1310 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1957 |
| In-book reference | : Book 27, Hadith 63 |
| English translation | : Vol. 4, Book 1, Hadith 1957 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2817 |
| In-book reference | : Book 43, Hadith 91 |
| English translation | : Vol. 5, Book 41, Hadith 2817 |
[Muslim].
| Reference | : Riyad as-Salihin 1498 |
| In-book reference | : Book 16, Hadith 34 |
| Grade: | Da'if (Darussalam) Jiddan] (Darussalam) |
| Reference | : Musnad Ahmad 810 |
| In-book reference | : Book 5, Hadith 240 |
| Grade: | Sahih] (Darussalam) |
| Reference | : Musnad Ahmad 913 |
| In-book reference | : Book 5, Hadith 340 |
| Grade: | Da'if (Darussalam) because of the weakness of Yoonus bin Khabbab] (Darussalam) |
| Reference | : Musnad Ahmad 1052 |
| In-book reference | : Book 5, Hadith 471 |
| ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2170 |
| In-book reference | : Book 8, Hadith 60 |