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Hadith 35306
Malik related to me from Rabia ibn Abi Abd ar-Rahman that a man
in the time of Aban ibn Uthman's amirate freed all of his slaves and
did not have other property than them. Aban ibn Uthman took charge of
the slaves and they were divided into three groups. Then he drew lots
on the basis that which ever group drew the dead man's arrow would be
free. The arrow fell to one of the thirds, and that third was freed.
Muwatta Malik Book 38, Hadith 5
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Malik related to me from Yahya ibn Said and somebody else from
al-Hasan ibn Abi al-Hasan al-Basri and from Muhammad ibn Sirin that a
man in the time of the Messenger of Allah, may Allah bless him and
grant him peace, freed six of his slaves while he was dying. The
Messenger of Allah, may Allah bless him and grant him peace, drew lots
between them and freed a third of those slaves.
Malik added
that he had heard that the man did not have any property other than
them. Muwatta Malik Book 38, Hadith 4
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Malik related to me that he heard Ibn Shihab say, "The precedent
of the sunna is that when a slave is freed, his property follows him."
Malik said, "One thing which makes clear that the property of
a slave follows him when he is freed is that when the contract
(mukatab) is written for his freedom, his property follows him even if
he did not stipulate it. That is because the bond of kitaba is the
bond of wala' when it is complete. The property of a slave and a
mukatab is not treated in the same way as any children they may have.
Their children are only treated in the same way as their own slaves,
not in the same way as their property. This is because the sunna, in
which there is no dispute, is that when a slave is freed, his property
follows him and his children do not follow him, and when a mukatab
writes the contract for his freedom, his property follows him and his
children do not follow him."
Malik said, "One thing which
makes that clear is that when a slave or a mukatab are bankrupt, their
property is taken but the mothers of their children and their children
are not taken because they are not their property."
Malik
said, "Another thing which makes it clear is that when a slave is sold
and the person who buys him stipulates the inclusions of his property,
his children are not included in his property."
Malik said,
"Another thing which makes it clear is that when a slave does injure
some one, he and his property are taken, and his children are not
taken." Muwatta Malik Book 38, Hadith 6