Hadith 25581

Malik related to me that he heard Ibn Shihab say, "The precedentof the sunna is that when a slave is freed, his property follows him."Malik said, "One thing which makes clear that the property ofa slave follows him when he is freed is that when the contract(mukatab) is written for his freedom, his property follows him even ifhe did not stipulate it. That is because the bond of kitaba is thebond of wala' when it is complete. The property of a slave and amukatab is not treated in the same way as any children they may have.Their children are only treated in the same way as their own slaves,not in the same way as their property. This is because the sunna, inwhich there is no dispute, is that when a slave is freed, his propertyfollows him and his children do not follow him, and when a mukatabwrites the contract for his freedom, his property follows him and hischildren do not follow him."Malik said, "One thing whichmakes that clear is that when a slave or a mukatab are bankrupt, theirproperty is taken but the mothers of their children and their childrenare not taken because they are not their property."Maliksaid, "Another thing which makes it clear is that when a slave is soldand the person who buys him stipulates the inclusions of his property,his children are not included in his property."Malik said,"Another thing which makes it clear is that when a slave does injuresome one, he and his property are taken, and his children are nottaken."