Hadith 27402

Muwatta Malik

موطأ مالك

2


Malik spoke about a mudabbar who said to his master, "Free meimmediately and I will give fifty dinars which I will have to pay ininstalments." His master said, "Yes. You are free and you must payfifty dinars, and you will pay me ten dinars every year." The slavewas satisfied with this. Then the master dies one, two or three daysafter that. He said, "The freeing is confirmed and the fifty dinarsbecome a debt against him. His testimony is permitted, hisinviolability as a free man is confirmed, as are his inheritance andhis liability to the full hudud punishments. The death of his master,however, does not reduce the debt for him at all."Malik saidthat if a man who made his slave a mudabbar died and he had someproperty at hand and some absent property, and in the property at handthere was not enough (in the third he was allowed to bequeath) tocover the value of the mudabbar, the mudabbar was kept there togetherwith this property, and his tax (kharaj) was gathered until themaster's absent property was clear. Then if a third of what his masterleft would cover his value, he was freed with his property and whathad gathered of his tax. If there was not enough to cover his value inwhat his master had left, as much of him was freed as the third wouldallow, and his property was left in his hands.

USC-MSA web (English) reference: Book 40, Hadith 2