Malik said, "The generally agreed on way of doing things in our
community about a mudabbar is that the owner cannot sell him or change
the position in which he has put him. If a debt overtakes the master,
his creditors cannot sell the mudabbar as long as the master is alive.
If the master dies and has no debts, the mudabbar is included in the
third (of the bequest) because he expected his work from him as long
as he lived. He cannot serve him all his life, and then he frees him
from his heirs out of the main portion of his property when he dies.
If the master of the mudabbar dies and has no property other than him,
one third of him is freed, and two thirds of him belong to the heirs.
If the master of the mudabbar dies and owes a debt which encompasses
the mudabbar, he is sold to meet the debt because he can only be freed
in the third (which is allowed for bequest) ."
He said, "If
the debt only includes half of the slave, half of him is sold for the
debt. Then a third of what remains after the debt is freed. "
Malik said, "It is not permitted to sell a mudabbar and it is not
permitted for anyone to buy him unless the mudabbar buys himself from
his master. He is permitted to do that. Or else some one gives the
master of the mudabbar money and his master who made him a mudabbar
frees him. That is also permitted for him."
Malik said, "His
wala' belongs to his master who made him a mudabbar."
Malik
said, "It is not permitted to sell the service of a mudabbar because
it is an uncertain transaction since one does not know how long his
master will live. That is uncertain and it is not good."
Malik spoke about a slave who was shared between two men, and one of
them made his portion mudabbar. He said, "They estimate his value
between them. If the one who made him mudabbar buys him, he is all
mudabbar. If he does not buy him, his tadbir is revoked unless the one
who retains ownership of him wishes to give his partner who made him
mudabbar his value. If he gives him to him for his value, that is
binding, and he is all mudabbar."
Malik spoke about the
christian man who made a christian slave of his mudabbar and then the
slave became muslim. He said, "One separates the master and the slave,
and the slave is removed from his christian master and is not sold
until his situation becomes clear. If the christian dies and has a
debt, his debt is paid from the price of the slave unless he has in
his estate what will pay the debt. Then the mudabbar is set free."
Muwatta Malik Book 40, Hadith 6
The Prophet (ﷺ) sent seventy men from the tribe of Bani Salim to the tribe of Bani Amir. When they
reached there, my maternal uncle said to them, "I will go ahead of you, and if they allow me to convey
the message of Allah's Messenger (ﷺ) (it will be all right); otherwise you will remain close to me." So he
went ahead of them and the pagans granted him security But while he was reporting the message of
the Prophet (ﷺ) , they beckoned to one of their men who stabbed him to death. My maternal uncle said,
"Allah is Greater! By the Lord of the Ka`ba, I am successful." After that they attached the rest of the
party and killed them all except a lame man who went up to the top of the mountain. (Hammam, a
sub-narrator said, "I think another man was saved along with him)." Gabriel informed the Prophet (ﷺ) that
they (i.e the martyrs) met their Lord, and He was pleased with them and made them pleased. We used
to recite, "Inform our people that we have met our Lord, He is pleased with us and He has made us
pleased " Later on this Quranic Verse was cancelled. The Prophet (ﷺ) invoked Allah for forty days to
curse the murderers from the tribe of Ral, Dhakwan, Bani Lihyan and Bam Usaiya who disobeyed
Allah and his Apostle.
Sahih al-Bukhari Book 56, Hadith 18
Malik related to me from Said ibn Amr Shurahbil ibn Said ibn Sad
ibn Ubada from his father that his father said, ''Sad ibn Ubada went
out with the Messenger of Allah, may Allah bless him and grant him
peace, in one of his raids and his mother was dying in Madina. Someone
said to her, 'Leave a testament.' She said, 'In what shall I leave a
testament? The property is Sad's property.' Then she died before Sad
returned. When Sad ibn Ubada returned, that was mentioned to him. Sad
said,
'Messenger of Allah! Will it help her if I give sadaqa
for her?' The Messenger of Allah, may Allah bless him and grant him
peace, said, 'Yes' Sad said, 'Such-and-such a garden is sadaqa for
her,' naming the garden."
Muwatta Malik Book 36, Hadith 70
Malik related to me from Hisham ibn Urwa that his father said
that there was only one hadd against a man who slandered a group of
people.
Malik said, "If they are on separate occasions there
is still only one hadd against him."
Malik related to me from
Abu'r-Rijal Muhammad ibn Abd ar-Rahman ibn Haritha ibn an-Numan al-
Ansari, then from the Banu'n-Najar from his mother Amra bint Abd ar-
Rahman that two men cursed each other in the time of Umar ibn al-
Khattab. One of them said to the other, " By Allah, my father is not
an adulterer and my mother is not an adulteress." Umar ibn al-Khattab
asked advice about that. One person said, "He has praised his father
and mother." Another said, "His father and mother have praise other
than this. We think that he is to be flogged with the hadd." So Umar
flogged him with the hadd of eighty lashes.
Malik said,
"There is no hadd in our view except for slander, denial or
insinuation, in which one sees that the speaker intends by that denial
or slander. Then the hadd is completely imposed on the one who said
it."
Malik said, "What is done in our community when a man
denies that another man is from his father, is that he deserves the
hadd. If the mother who is denied is a slave, then he deserves the
hadd as well. '
Muwatta Malik Book 41, Hadith 20