Information for "MuwataMalik-017-001-34817"

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.