Hadith 27579

Malik spoke to me about a man who wrote a kitaba for his slavefor gold or silver and stipulated against him in his kitaba a journey,service, sacrifice or similar, which he specified by its name, andthen the mukatab was able to pay all his instalments before the end ofthe term.He said, "If he pays all his instalments and he isset free and his inviolability as a free man is complete, but he stillhas this condition to fulfil, the condition is examined, and whateverinvolves his person in it, like service or a journey etc., is removedfrom him and his master has nothing in it. Whatever there is ofsacrifice, clothing, or anything that he must pay, that is in theposition of dinars and dirhams, and is valued and he pays it alongwith his instalments, and he is not free until he has paid that alongwith his instalments."Malik said, "The generally agreed-onway of doing things among us about which there is no dispute, is thata mukatab is in the same position as a slave whom his master will freeafter a service of ten years. If the master who will free him diesbefore ten years, what remains of his service goes to his heirs andhis wala' goes to the one who contracted to free him and to his malechildren or paternal relations."Malik spoke about a man whostipulated against his mukatab that he could not travel, marry, orleave his land without his permission, and that if he did so withouthis permission it was in his power to cancel the kitaba. He said, "Ifthe mukatab does any of these things it is not in the man's power tocancel the kitaba. Let the master put that before the Sultan. Themukatab, however, should not marry, travel, or leave the land of hismaster without his permission, whether or not he stipulates that. Thatis because the man may write a kitaba for his slave for 100 dinars andthe slave may have 1000 dinars or more than that. He goes off andmarries a woman and pays her bride-price which sweeps away his moneyand then he cannot pay. He reverts to his master as a slave who has noproperty. Or else he may travel and his instalments fall due while heis away. He cannot do that and kitaba is not to be based on that. Thatis in the hand of his master. If he wishes, he gives him permission inthat. If he wishes, he refuses it."