Hadith 27553

Malik said, "When a mukatab sets his own slaves free, it is onlypermitted for a mukatab to set his own slaves free with the consent ofhis master. If his master gives his consent and the mukatab sets hisslave free, his wala' goes to the mukatab . If the mukatab then diesbefore he has been set free himself, the wala' of the freed slave goesto the master of the mukatab. If the freed one dies before the mukatabhas been set free, the master of the mukatab inherits from him."Malik said, "It is like that also when a mukatab gives his slave akitaba and his mukatab is set free before he is himself. The wala'goes to the master of the mukatab as long as he is not free. If thisone who wrote the kitaba is set free, then the wala' of his mukatabwho was freed before him reverts to him. If the first mukatab diesbefore he pays, or he cannot pay his kitaba and he has free children,they do not inherit the wala' of their father's mukatab because thewala' has not been established for their father and he does not havethe wala' until he is free."Malik spoke about a mukatab whowas shared between two men and one of them forewent what the mukatabowed him and the other insisted on his due. Then the mukatab died andleft property.Malik said, "The one who did not abandon anyof what he was owed, is paid in full. Then the property is dividedbetween them both just as if a slave had died because what the firstone did was not setting him free. He only abandoned a debt that wasowed to him ."Malik said, "One clarification of that is thatwhen a man dies and leaves a mukatab and he also leaves male andfemale children and one of the children frees his portion of themukatab, that does not establish any of the wala' for him. Had it beena true setting free, the wala' would have been established forwhichever men and women freed him."Malik said, "Anotherclarification of that is that if one of them freed his portion andthen the mukatab could not pay, the value of what was left of themukatab would be altered because of the one who freed his portion. Hadit been a true setting-free, his estimated value would have been takenfrom the property of the one who set free until he had been setcompletely free as the Messenger of Allah, may Allah bless him andgrant him peace, said, 'Whoever frees his share in a slave and hasmoney to cover the full price of the slave, justly evaluated for him,gives his partners their shares. If not, he frees of him what hefrees.' " (See Book 37 hadith 1).He said, "Anotherclarification of that is that part of the sunna of the muslims inwhich there is no dispute, is that whoever frees his share of amukatab, the mukatab is not set fully free using his property. Had hebeen truly set free, the wala' would have been his alone rather thanhis partners. Part of what will clarify that also is that part of thesunna of the muslims is that the wala' belongs to whoever writes thecontract of kitaba. The women who inherit from the master of themukatab do not have any of the wala' of the mukatab. If they free anyof their share, the wala' belongs to the male children of the masterof the mukatab or his male paternal relations."