“I saw the Messenger of
Allah
(ﷺ) offering the funeral prayer for a man among the Ansar, and
I
heard him say: ‘Allahumma salli ‘alayhi waghfirlahu warhamhu, wa
‘afihi wa’fu ‘anhu, waghsilhu bi ma’in wa thaljin wa baradin,
wa
naqqihi min adh-dhunubi wal-khataya kama yunaqqath-thawbul-abyadu
minad-danas, wa abdilhu bi darihi daran khayran min darihi, wa ahlan
khayran min ahlili, wa qihi fitnatal-qabri wa ‘adhaban-nar. (O
Allah,
send blessing upon him, forgive him, have mercy on him, keep
him safe
and sound, and pardon him; wash him with water and snow and
hail, and
cleanse him of sins just as a white garment is cleansed of
dirt. Give
him in exchange for his house that is better than his
house, and a
family that is better than his family. Protect him from
the trial of
the grave and the torment of the Fire).’”
Sunan Ibn Majah Book 6, Hadith 68
Malik spoke to me about a man who wrote a kitaba for his slave
for gold or silver and stipulated against him in his kitaba a journey,
service, sacrifice or similar, which he specified by its name, and
then the mukatab was able to pay all his instalments before the end of
the term.
He said, "If he pays all his instalments and he is
set free and his inviolability as a free man is complete, but he still
has this condition to fulfil, the condition is examined, and whatever
involves his person in it, like service or a journey etc., is removed
from him and his master has nothing in it. Whatever there is of
sacrifice, clothing, or anything that he must pay, that is in the
position of dinars and dirhams, and is valued and he pays it along
with his instalments, and he is not free until he has paid that along
with his instalments."
Malik said, "The generally agreed-on
way of doing things among us about which there is no dispute, is that
a mukatab is in the same position as a slave whom his master will free
after a service of ten years. If the master who will free him dies
before ten years, what remains of his service goes to his heirs and
his wala' goes to the one who contracted to free him and to his male
children or paternal relations."
Malik spoke about a man who
stipulated against his mukatab that he could not travel, marry, or
leave his land without his permission, and that if he did so without
his permission it was in his power to cancel the kitaba. He said, "If
the mukatab does any of these things it is not in the man's power to
cancel the kitaba. Let the master put that before the Sultan. The
mukatab, however, should not marry, travel, or leave the land of his
master without his permission, whether or not he stipulates that. That
is because the man may write a kitaba for his slave for 100 dinars and
the slave may have 1000 dinars or more than that. He goes off and
marries a woman and pays her bride-price which sweeps away his money
and then he cannot pay. He reverts to his master as a slave who has no
property. Or else he may travel and his instalments fall due while he
is away. He cannot do that and kitaba is not to be based on that. That
is in the hand of his master. If he wishes, he gives him permission in
that. If he wishes, he refuses it."
Muwatta Malik Book 39, Hadith 11