Malik said, The best of what I have heard about a mukatab whose
master frees him at death, is that the mukatab is valued according to
what he would fetch if he were sold. If that value is less than what
remains against him of his kitaba, his freedom is taken from the third
that the deceased can bequeath. One does not look at the number of
dirhams which remain against him in his kitaba. That is because had he
been killed, his killer would not be in debt for other than his value
on the day he killed him. Had he been injured, the one who injured him
would not be liable for other than the blood-money of the injury on
the day of his injury. One does not look at how much he has paid of
dinars and dirhams of the contract he has written because he is a
slave as long as any of his kitaba remains. If what remains in his
kitaba is less than his value, only whatever of his kitaba remains
owing from him is taken into account in the third of the property of
the deceased. That is because the deceased left him what remains of
his kitaba and so it becomes a bequest which the deceased made."
Malik said, "The illustration of that is that if the price of the
mukatab is one thousand dirhams, and only one hundred dirhams remain
of his kitaba, his master leaves him the one hundred dirhams which
complete it for him. It is taken into account in the third of his
master and by it he becomes free."
Malik said that if a man
wrote his slave a kitaba at his death, the value of the slave was
estimated. If there was enough to cover the price of the slave in one
third of his property, that was permitted for him.
Malik
said, "The illustration of that is that the price of the slave is one
thousand dinars. His master writes him a kitaba for two hundred dinars
at his death. The third of the property of his master is one thousand
dinars, so that is permitted for him. It is only a bequest which he
makes from one third of his property. If the master has left bequests
to people, and there is no surplus in the third after the value of the
mukatab, one begins with the mukatab because the kitaba is setting
free, and setting free has priority over bequests. When those bequests
are paid from the kitaba of the mukatab, they follow it. The heirs of
the testator have a choice. If they want to give the people with
bequests all their bequests and the kitaba of the mukatab is theirs,
they have that. If they refuse and hand over the mukatab and what he
owes to the people with bequests they can do that, because the third
commences with the mukatab and because all the bequests which he makes
are as one."
If the heirs then say, "What our fellow
bequeathed was more than one third of his property and he has taken
what was not his," Malik said, "His heirs choose. It is said to them,
'Your companion has made the bequests you know about and if you would
like to give them to those who are to receive them according to the
deceased's bequests, then do so. If not, hand over to the people with
bequests one third of the total property of the deceased.' "
Malik continued, "If the heirs surrender the mukatab to the people
with bequests, the people with bequests have what he owes of his
kitaba. If the mukatab pays what he owes of his kitaba, they take that
in their bequests according to their shares. If the mukatab cannot
pay, he is a slave of the people with bequests and does not return to
the heirs because they gave him up when they made their choice, and
because when he was surrendered to the people with bequests, they were
liable. If he died, they would not have anything against the heirs. If
the mukatab dies before he pays his kitaba and he leaves property
which is more than what he owes, his property goes to the people with
bequests. If the mukatab pays what he owes, he is free and his wala'
returns to the paternal relations of the one who wrote the kitaba for
him."
Malik spoke about a mukatab who owed his master ten
thousand dirhams in his kitaba, and when he died he remitted one
thousand dirhams from it. He said, "The mukatab is valued and his
value is taken into consideration. If his value is one thousand
dirhams and the reduction is a tenth of the kitaba, that portion of
the slave's price is one hundred dirhams. It is a tenth of the price.
A tenth of the kitaba is therefore reduced for him. That is converted
to a tenth of the price in cash. That is as if he had had all of what
he owed reduced for him. Had he done that, only the value of the slave
- one thousand dirhams - would have been taken into account in the
third of the property of the deceased. If that which he had remitted
is half of the kitaba, half the price is taken into account in the
third of the property of the deceased. If it is more or less than
that, it is according to this reckoning."
Malik said, "When a
man reduces the kitaba of his mukatab by one thousand dirhams at his
death from a kitaba of ten thousand dirhams, and he does not stipulate
whether it is from the beginning or the end of his kitaba, each
instalment is reduced for him by one tenth."
Malik said, "If
a man remits one thousand dirhams from his mukatab at his death from
the beginning or end of his kitaba, and the original basis of the
kitaba is three thousand dirhams, the mukatab's cash value is
estimated. Then that value is divided. That thousand which is from the
beginning of the kitaba is converted into its portion of the price
according to its proximity to the term and its precedence and then the
thousand which follows the first thousand is according to its
precedence also until it comes to its end, and every thousand is paid
according to its place in advancing and deferring the term because
what is deferred of that is less in respect of its price. Then it is
placed in the third of the deceased according to whatever of the price
befalls that thousand according to the difference in preference of
that, whether it is more or less, then it is according to this
reckoning."
Malik spoke about a man who willed a man a fourth
of a mukatab or freed a fourth, and then the man died and the mukatab
died and left a lot of property, more than he owed. He said, "The
heirs of the first master and the one who was willed a fourth of the
mukatab are given what they are still owed by the mukatab. Then they
divide what is left over, and the one willed a fourth has a third of
what is left after the kitaba is paid. The heirs of his master gets
two-thirds. That is because the mukatab is a slave as long as any of
his kitaba remains to be paid. He is inherited from by the possession
of his person."
Malik said about a mukatab whose master freed
him at death, "If the third of the deceased will not cover him, he is
freed from it according to what the third will cover and his kitaba is
decreased according to that. If the mukatab owed five thousand dirhams
and his value is two thousand dirhams cash, and the third of the
deceased is one thousand dirhams, half of him is freed and half of the
kitaba has been reduced for him." Malik said about a man who said in
his will, "My slave so-and-so is free and write a kitaba for so-and-
so", that the setting free had priority over the kitaba.
Muwatta Malik Book 39, Hadith 15
When Ibn Ziyad and Marwan were in Sham and Ibn Az-Zubair took over the authority in Mecca and
Qurra' (the Kharijites) revolted in Basra, I went out with my father to Abu Barza Al-Aslami till we
entered upon him in his house while he was sitting in the shade of a room built of cane. So we sat with
him and my father started talking to him saying, "O Abu Barza! Don't you see in what dilemma the
people has fallen?" The first thing heard him saying "I seek reward from Allah for myself because of
being angry and scornful at the Quraish tribe. O you Arabs! You know very well that you were in
misery and were few in number and misguided, and that Allah has brought you out of all that with
Islam and with Muhammad till He brought you to this state (of prosperity and happiness) which you
see now; and it is this worldly wealth and pleasures which has caused mischief to appear among you.
The one who is in Sham (i.e., Marwan), by Allah, is not fighting except for the sake of worldly gain:
and those who are among you, by Allah, are not fighting except for the sake of worldly gain; and that
one who is in Mecca (i.e., Ibn Az-Zubair) by Allah, is not fighting except for the sake of worldly
gain."
Sahih al-Bukhari Book 92, Hadith 59
The Prophet said concerning the urine of a nursing infant: "Water should be sprinkled over the urine of a boy, and the urine of a girl should be washed."
Abul-Hasan bin Salamah said: "Ahmad bin Musa bin Ma'qil narrated to us that Abul-Yaman Al-Misri said: 'I asked Shafi'i about the Hadith of the Prophet, "Water should be sprinkled over the urine of a baby boy, and the urine of a baby girl should be washed," when the two types of water (urine) are the same. He said, "This is because the urine of the boy is of water and clay, but the urine of the girl is of flesh and blood." Then he said to me: "Did you understand?" I said: "No." He said: "When Allah the Most High created Adam, He created Eve (Hawwa') from his short rib, so the boy's urine is from water and clay, and the girl's urine is from flesh and blood." Then he said to me: "Did you understand?" I said: "Yes." He said: "May Allah cause you benefit from this."
Sunan Ibn Majah Book 1, Hadith 259
Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn
al-Khattab asked the Messenger of Allah, may Allah bless him and grant
him peace, about someone who died without parents or offspring, and
the Messenger of Allah, may Allah bless him and grant him peace, said
to him, "The ayat which was sent down in the summer at the end of the
Surat an-Nisa (Sura 4) is enoughfor you."
Malik said, "The
generally agreed on way of doing things among us, in which there is no
dispute, and which I saw the people of knowledge in our city doing, is
that the person who leaves neither parent or offspring can be of two
types. As for the kind described in the ayat which was sent down at
the beginning of the Surat an-Nisa in which Allah, the Blessed, the
Exalted! said, 'If a man or a woman has no direct heir, but has a
brother or a sister by the mother, each of the two has a sixth. If
there are more than that, they share equally in a third.' (Sura 4 ayat
12) This heirless one does not have heirs among his mother's siblings
since there are no children or parents. As for the other kind
described in the ayat which comes at the end of the Surat an-Nisa,
Allah, the Blessed, the Exalted, said in it, 'They will ask you for a
decision. Say, "Allah gives you a decision about the indirect heirs.
If a man perishes having no children, but he has a sister, she shall
receive a half of what he leaves, and he is her heir if she has no
children. If there are two sisters, they shall receive two-thirds of
what he leaves. If there are brothers and sisters, the male shall
receive the portion of two females. Allah makes clear to you that you
might not go astray. Allah has knowledge of everything" ' " (Sura 4
ayat 176).
Malik said, "If this person without direct heirs
(parents) or children has siblings by the father, they inherit with
the grandfather from the person without direct heirs. The grandfather
inherits with the siblings because he is more entitled to the
inheritance than them. That is because he inherits a sixth with the
male children of the deceased when the siblings do not inherit
anything with the male children of the deceased. How can he not be
like one of them when he takes a sixth with the children of the
deceased? How can he not take a third with the siblings while the
brother's sons take a third with them? The grandfather is the one who
overshadows the half-siblings by the mother and keeps them from
inheriting. He is more entitled to what they have because they are
omitted for his sake. If the grandfather did not take that third, the
half-siblings by the mother would take it and would take what does not
return to the half-siblings by the father. The half-siblings by the
mother are more entitled to that third than the half-siblings by the
father while the grandfather is more entitled to that than the half-
siblings by the mother."
Muwatta Malik Book 27, Hadith 13