Category:The Book of The Mukatab in Muwata Malik

List of Chapters in The Book of The Mukatab

Combined Book Name

The Book of The Mukatab*Muwata Malik Belongs to the following Combined Book Name

The Book of The Mukatab Summary

1. Malik said If a mukatab dies and leaves moreproperty than what remains to be paid of his kitaba and he haschildren who were born during the time of his kitaba or whose kitabahas been written as well they inherit any property that remains afterthe kitaba has been paid
2. I heardthat one of the people of knowledge when someone asked about that andmentioned that Allah the Blessed the Exalted said Give them theirkitaba if you know some good in them Sura ayat recited thesetwo ayats When you are free of the state of ihram then hunt forgame
3. Malik spoke about a mukatab who was owned bytwo men and one of them granted him a delay in the payment of theright which he was owed and the other refused to defer it and so theone who refused to defer the payment exacted his part of the due
4. Malik said The generally agreed on way of doing things among usis that when slaves write their kitaba together in one kitaba andsome are responsible for others and they are not reduced anything bythe death of one of the responsible ones and then one of them says I can t do it and gives up his companions can use him in whateverwork he can do and they help each other with that in their kitabauntil they are freed if they are freed or remain slaves if theyremain slaves
5. The master s claims are overshadowed by theirclaims for the portions which remain against them of the kitaba whichcan be fulfilled from the property of the deceased because thedeceased had assumed their responsibility and they must use hisproperty to pay for their freedom
6. Rather it is like a man who having said to his slave Bring mesuch and such an amount of dinars and you are free then reduces thatfor him saying If you bring me less than that you are free
7. Malik said The best of what I have heard about a mukatab whoinjures a man so that blood money must be paid is that if the mukatabcan pay the blood money for the injury with his kitaba he does so and it is against his kitaba
8. Malik said The way of doing things about whichthere is no dispute among us is that when a mukatab is injured insome way which entails blood money or one of the mukatab s childrenwho is written with him in the kitaba is injured their blood money isthe blood money of slaves of their value and what is appointed tothem as their blood money is paid to the master who has the kitaba andhe reckons that for the mukatab at the end of his kitaba and there isa reduction for the blood money that the master has taken for theinjury
9. Malik said The best of what is said about a man who buys themukatab of a man is that if the man wrote the slave s kitaba fordinars or dirhams he does not sell him unless it is for merchandisewhich is paid immediately and not deferred because if it is deferred it would be a debt for a debt
10. Malik related to me that he heard that Urwa ibn az Zubayr andSulayman ibn Yasar when asked whether the sons of a man who had akitaba written for himself and his children and then died worked forthe kitaba of their father or were slaves said They work for thekitaba of their father and they have no reduction at all for the deathof their father
11. Malik said that it was permitted for a mukatab who became extremelyill and wanted to pay his master all his instalments because his heirswho were free would then inherit from him and he had no children withhim in his kitaba to do so because by that he completed hisinviolability as a free man his testimony was permitted and hisadmission of what he owed of debts to people was permitted
12. Hadit been a true setting free his estimated value would have been takenfrom the property of the one who set free until he had been setcompletely free as the Messenger of Allah may Allah bless him andgrant him peace said Whoever frees his share in a slave and hasmoney to cover the full price of the slave justly evaluated for him gives his partners their shares
13. Malik said about a man who had his slave in a kitaba and then themukatab died and left his umm walad and there remained for him someof his kitaba to pay and he left what would pay it The umm walad isa slave since the mukatab was not freed until he died and he did notleave children that were set free by his paying what remained so thatthe umm walad of their father was freed by their being set free
14. If the mukatab cannotpay he is a slave of the people with bequests and does not return tothe heirs because they gave him up when they made their choice andbecause when he was surrendered to the people with bequests they wereliable
15. That thousand which is from thebeginning of the kitaba is converted into its portion of the priceaccording to its proximity to the term and its precedence and then thethousand which follows the first thousand is according to itsprecedence also until it comes to its end and every thousand is paidaccording to its place in advancing and deferring the term becausewhat is deferred of that is less in respect of its price
16. Then it isplaced in the third of the deceased according to whatever of the pricebefalls that thousand according to the difference in preference ofthat whether it is more or less then it is according to thisreckoning

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