Instal
From HodHood
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Instal Completed Form
The word Instal is a stemmed form of the following words:
Instal Dictionary Definition
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from collinsdictionary.com
https://www.collinsdictionary.com/dictionary/english/Instal
Instal in Wikipedia
https://en.wikipedia.org/wiki/Instal
Instal References or Citations
In Quran
nothing found
In Hadith Text Books
Instal In Sahih AlBukhari
nothing found
In Sahih Muslim
nothing found
In Sunan AlTermithi
nothing found
In Sunan AlNasai
nothing found
In Sunan Abu Dawoud
nothing found
In Muwata Malik
Hadith Page | Arabic Text | English Translation | Book and Chapter |
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MuwataMalik-017-001-34976 | Malik said; The best of what is said about a man who buys the mukatab of a man is that if the man wrote the slave kitaba for dinars or dirhams; he does not sell him unless it is for merchandise which is paid immediately and not deferred; because if it is deferred; it would be a debt for a debt. A debt for a debt is forbidden. He said; If the master gives a mukatab his kitaba for certain merchandise of camels; cattle; sheep; or slaves; it is more correct that the buyer buy him for gold; silver; or different goods than the ones his master wrote the kitaba for; and that must be paid immediately; not deferred. Malik said; The best of what I have heard about a mukatab when he is sold is that he is more entitled to buy his kitaba than the one who buys him if he can pay his master the price for which he was sold in cash. That is because his buying himself is his freedom; and freedom has priority over what bequests accompany it. If one of those who have written the kitaba for the mukatab sells his portion of him; so that a half; a third; a fourth; or whatever share of the mukatab is sold; the mukatab does not have the right of pre-emption in what is sold of him. That is because it is like the severance of a partner; and a partner can only make a settlement for a partner of the one who is mukatab with the permission of his partners because what is sold of him does not give him complete rights as a free man and his property is barred from him; and by buying part of himself; it is feared that he will become incapable of completing payment because of what he had to spend. That is not like the mukatab buying himself completely unless whoever has some of the kitaba remaining due to him gives him permission. If they give him permission; he is more entitled to what is sold of him. Malik said; Selling one of the instalments of a mukatab is not halal. That is because it Is an uncertain transaction. If the mukatab cannot pay it; what he owes is nullified. If he dies or goes bankrupt and he owes debts to people; then the person who bought his instalment does not take any of his portion with the creditors. The person who buys one of the instalments of the mukatab is in the position of the master of the mukatab. The master of the mukatab does not have a share with the creditors of the mukatab for what he is owed of the kitaba of his slave. It is also like that with the kharaj; a set amount deducted daily from the slave against his earnings ; which accumulates for a master from the earnings of his slave. The creditors of his slave do not allow him a share for what has accumulated for him from those deductions. Malik said; There is no harm in a mukatab paying off his kitaba with coin or merchandise other than the merchandise for which he wrote his kitaba if it is identical with it; on time for the instalment or delayed. Malik said that if a mukatab died and left an umm walad and small children by her or by someone else and they could not work and it was feared that they would be unable to fulfil their kitaba; the umm walad of the father was sold if her price would pay all the kitaba for them; whether or not she was their mother. They were paid for and set free because their father did not forbid her sale if he feared that he would be unable to complete his kitaba. If her price would not pay for them and neither she nor they could work; they all reverted to being slaves of the master. Malik said; What is done among us in the case of a person who buys the kitaba of a mukatab; and then the mukatab dies before he has paid his kitaba; is that the person who bought the kitaba inherits from him. If; rather than dying; the mukatab cannot pay; the buyer has his person. If the mukatab pays his kitaba to the person who bought him and he is freed; his wala goes to the person who wrote the kitaba and the person who bought his kitaba does not have any of it. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik | |
MuwataMalik-017-001-34978 | Malik related to me that he heard Rabia Ibn Abi Abdulrahman and others mention that AlFurafisa Ibn Umar AlHanafi had a mukatab who offered to pay him all of his kitaba that he owed. AlFurafisa refused to accept it and the mukatab went to Marwan Ibn AlHakam who was the amir of Madina and brought up the matter. Marwan summoned AlFurafisa and told him to accept. He refused. Marwan then ordered that the payment be taken from the mukatab and placed in the treasury. He said to the mukatab Go; you are free. When AlFurafisa saw that; he took the money. Malik said; What is done among us when a mukatab pays all the instalments he owes before their term; is that it is permitted to him. The master cannot refuse him that. That is because payment removes every condition from the mukatab as well as service and travel. The setting free of a man is not complete while he has any remaining slavery; and neither would his inviolability as a free man be complete and his testimony permitted and inheritance obliged and such things in that situation. His master must not make any stipulation of service on him after he has been set free. Malik said that it was permitted for a mukatab who became extremely ill and wanted to pay his master all his instalments because his heirs who were free would then inherit from him and he had no children with him in his kitaba; to do so; because by that he completed his inviolability as a free man; his testimony was permitted; and his admission of what he owed of debts to people was permitted. His bequest was permitted as well. His master could not refuse him that by saying; He is escaping from me with his property. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik | |
MuwataMalik-017-001-34980 | 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 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. | The Chapter on Slave As A Property in HodHood Indexing, The Book of Good Character in Muwata Malik |
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