Hadith 27537

Muwatta Malik

موطأ مالك

13


Malik said, "If people are together in one kitaba, their mastercannot free one of them without consulting his companions who are withhim in the kitaba and obtaining their consent. If they are young,however, their consultation means nothing and it is not permitted tothem. That is because a man might work for all the people and he mightpay their kitaba for them to complete their freedom. Their masterapproaches the one who will pay for them and their rescue from slaveryis through him. He frees him and so makes those who remain unable topay. He does it intending benefit and increase for himself. It is notpermitted for him to do that to those of them who remain. TheMessenger of Allah, may Allah bless him and grant him peace, said,'There must be no harm nor return of harm.' This is the most severeharm."Malik said about slaves who wrote a kitaba togetherthat it was permitted for their master to free the old and exhaustedof them and the young when neither of them could pay anything, andthere was no help nor strength to be had from any of them in theirkitaba.

USC-MSA web (English) reference: Book 39, Hadith 13