Property:Has Hadith Text

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MuwataMalik-017-001-34786 +	Malik related to me from Hisham Ibn Urwa that his father said that there was only one hadd against a man who slandered a group of people. Malik said; If they are on separate occasions there is still only one hadd against him. Malik related to me from Ab AlRijal Muhammad Ibn Abdulrahman Ibn Haritha Ibn AlNuman AlAnsari; then from the Banun-Najar from his mother Amra bint Abdulrahman that two men cursed each other in the time of Umar Ibn AlKhattab. One of them said to the other; By Allah; my father is not an adulterer and my mother is not an adulteress. Umar Ibn AlKhattab asked advice about that. One person said; He has praised his father and mother. Another said; His father and mother have praise other than this. We think that he is to be flogged with the hadd. So Umar flogged him with the hadd of eighty lashes. Malik said; There is no hadd in our view except for slander; denial or insinuation; in which one sees that the speaker intends by that denial or slander. Then the hadd is completely imposed on the one who said it. Malik said; What is done in our community when a man denies that another man is from his father; is that he deserves the hadd. If the mother who is denied is a slave; then he deserves the hadd as well.  +
MuwataMalik-017-001-34787 +	Malik said; The best of what is heard about a slave-girl whom a man has intercourse with while he has a partner in her is that the hadd is not inflicted on him and the child is connected to him. When the slave-girl becomes pregnant; her value is estimated and he gives his partners their shares of the price and the slave-girl is his. That is what is done among us. Malik said about a man who made his slave-girl halal to a man that if the one for whom she was made halal had intercourse with her; her value was estimated on the day he had intercourse with her and he owed that to her owner whether or not she conceived. The hadd was averted from him by that. If she conceived the child was connected to him. Malik said about a man who had intercourse with his son or daughter slave-girl; The hadd is averted from him and he owes the estimated value of the slave-girl whether or not she conceives.  +
MuwataMalik-017-001-34788 +	Malik related to me from Rabia Ibn Abi Abdulrahman that Umar Ibn AlKhattab spoke about a man who went out with his wife slave- girl on a journey and had intercourse with her and then the wife became jealous and mentioned that to Umar Ibn AlKhattab. Umar questioned him about it. He said; She gave her to me. Umar said; Bring me a clear proof or I will stone you. Rabia added; The wife confessed that she had given her to him.  +
MuwataMalik-017-001-34789 +	Malik related to me from Nafi from Abdullah Ibn Umar that the Messenger of Allah; may Allah bless him and grant him peace; cut off the hand of a man who stole a shield whose price was three dirhams.  +
MuwataMalik-017-001-34790 +	Yahya related to me from Malik from Abdullah Ibn Abdulrahman abu Husayn AlMakki that the Messenger of Allah; may Allah bless him and grant him peace; said; The hand is not cut off for fruit hanging on the tree and for sheep kept in the mountains. So when they are taken from the fold or the place where the fruit is dried; a hand is cut off for whatever reaches the price of a shield.  +
MuwataMalik-017-001-34791 +	Yahya related to me from Malik from Abdullah Ibn Abi Bakr from his father from Amra bint Abdulrahman that a thief stole a citron in the time of Uthman Uthman Ibn Affan ordered its value to be estimated and it was estimated at three dirhams at the rate of exchange of twelve dirhams for the dinar; so Uthman cut off his hand.  +
MuwataMalik-017-001-34792 +	Yahya related to me from Malik from Yahya Ibn Said from Amra bint Abdulrahman that Aisha; the wife of the Prophet; may Allah bless him and grant him peace; said; It has not been a long time for me and I have not forgotten. A thief hand is cut off for a quarter of a dinar and upwards.  +
MuwataMalik-017-001-34793 +	Yahya related to me from Malik from Abdullah Ibn Abi Bakr Ibn Hazim that Amra bint Abdulrahman said; Aisha; the wife of the Prophet; may Allah bless him and grant him peace; went out to Makka and she had two girl mawlas of hers and a slave belonging to the sons of Abdullah Ibn Abi Bakr AlSiddiq. She sent a figured cloak with the two mawlas which was sewn up in a piece of green cloth. Amra continued; The slave took it and unstitched it and took out the cloak. In its place; he put some felt or skin and sewed it up again. When the mawla girls came to Madina; they gave it to his people. When they opened it; they found felt in it and did not find the cloak. They spoke to the two women and they spoke to Aisha; the wife of the Prophet; may Allah bless him and grant him peace; or they wrote to her and suspected the slave. The slave was asked about it and confessed. Aisha; the wife of the Prophet; may Allah bless him and grant him peace; gave the order and his hand was cut off. Aisha said; A thief hand is cut off for a quarter of a dinar and upwards. Malik said; The limit I prefer above which cutting off the hand is obliged is three dirhams; whether the exchange is high or low. That is because the Messenger of Allah; may Allah bless him and grant him peace; cut off the hand of a thief for a shield whose value was three dirhams; and Uthman Ibn Affan cut off the hand of a thief for a citron which was estimated at three dirhams. This is what I prefer of what I have heard on the matter.  +
MuwataMalik-017-001-34794 +	Yahya related to me from Malik from Nafi that a slave of Abdullah Ibn Umar stole while he was a runaway. Abdullah Ibn Umar sent him to Said Ibn AlAs; who was the amir of Madina; to cut off his hand. Said refused to cut off his hand. He said; The hand of a runaway slave is not cut off when he steals. Abdullah Ibn Umar said to him; In what Book of Allah did you find this? Then Abdullah Ibn Umar gave the order; and his hand was cut off.  +
MuwataMalik-017-001-34795 +	Yahya related to me from Malik that Zurayq Ibn Hakim informed him that he had a runaway slave who had stolen. He said; The situation was obscure for me; so I wrote to Umar Ibn Abd AlAziz to ask him about it. He was the governor at that time. I informed him that I had heard that if a runaway slave stole while he was a fugitive; his hand was not cut off. Umar Ibn Abd AlAziz wrote to contradict my letter; You wrote to me that you have heard that when the runaway slave steals; his hand is not cut off. Allah; the Blessed; the Exalted; says in His Book; The thief; male and female; cut off the hands of both; as a recompense for what they have earned; and an exemplary punishment from Allah. Allah is Mighty; Wise. Surat 5 ayat 41 When his theft reaches a quarter of a dinar; and upwards; his hand is cut off. Yahya related to me from Malik that he had heard that AlQasim Ibn Muhammad and Salim Ibn Abdullah and Urwa Ibn AlZubair said; When a runaway slave steals something for which cutting off the hand is obliged; his hand is cut off. Malik said; The way of doing things amongst us about which there is no dispute is that when the runaway slave steals that for which cutting off the hand is obliged; his hand is cut off.  +
MuwataMalik-017-001-34796 +	Yahya related to me from Malik from Ibn Shihab from Safwan Ibn Abdullah Ibn Safwan that it was said to Safwan Ibn Umaya; Whoever does not do hijra is ruined. So Safwan Ibn Umaya went to Madina and slept in the Masjid with his cloak as a pillow. A thief came and took his cloak and Safwan grabbed hold of the thief and brought him to the Messenger of Allah; may Allah bless him and grant him peace. The Messenger of Allah; may Allah bless him and grant him peace; said to him; Did you steal this cloak? He said; Yes. So the Messenger of Allah; may Allah bless him and grant him peace; ordered that his hand be cut off. Safwan said to him; I did not intend this. It is his as sadaqa. The Messenger of Allah; may Allah bless him and grant him peace; said; Why didnt you do it before bringing him to me?  +
MuwataMalik-017-001-34797 +	Yahya related to me from Malik from Rabia Ibn Abi Abdulrahman that AlZubair Ibn AlAwam came across a man who had taken hold of a thief and was intending to take him to the Sultan. AlZubair Ibn AlAwam interceded for him to let him go. He said; No. Not until I take him to the Sultan. AlZubair said; When you reach the Sultan with him; Allah curses the one who intercedes and the one who accepts the intercession.  +
MuwataMalik-017-001-34798 +	Yahya related to me from Malik from Abdulrahman Ibn AlQasim from his father that a man from Yemen who had his hand and foot cut off came and went before Abu Bakr AlSiddiq and complained to him that the governor of the Yemen had wronged him; and the man used to pray part of the night. Abu Bakr said; By your father; your night is not the night of a thief. Then they missed a necklace of Asma bint Umays; the wife of Abu Bakr AlSiddiq. The man came to go around with them looking for it. He said; O Allah! You are responsible for the one who invaded the people of this good house by night! They found the jewelry with a goldsmith. He claimed that the maimed man had brought it to him. The maimed man confessed or it was testified against him. Abu Bakr AlSiddiq ordered that his left hand be cut off. Abu Bakr said; By Allah! His dua against himself is more serious; as far as I am concerned; than his theft. Yahya said that Malik said; What is done among us about the person who steals several times and is then called to reckoning; is that only his hand is cut off for all he stole when the hadd has not been applied againsthim. If the hadd has been applied against him before that; and he steals what obliges cutting off; then the next limb is cut off.  +
MuwataMalik-017-001-34799 +	Yahya related to me from Malik that Abuz-Zinad informed him that a governor of Umar Ibn Abd AlAziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them; so he wrote to Umar Ibn Abd AlAziz about that Umar Ibn Abd AlAziz wrote to him; Better to take less than that. Yahya said that he heard Malik say; What is done among us about a person who steals the goods of people which are placed under guard in the markets; and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept; and its value reaches that for which cutting off the hand is obliged; his hand must be cut off; whether or not the owner of the goods is with his goods and whether it is night or day. Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner; His hand is cut off. Malik said; If someon says; How can his hand be cut off when the goods have been taken from him and returned to their owner?; it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd. The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him; even if he has not profited from it and it was returned to its owner. When he stole it; he stole it to take it away. Malik said that if some people came to a house and robbed it together; and then they left with a sack or box or a board or basket or the like of that which they carried together; and when they took it out of its guarded place; they carried it together; and the price of what they took reached that for which cutting off the hand was obliged; and that was three dirhams and upwards; each of them had his hand cut off. If each of them takes out something by himself; whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams; he does not have his hand cut off. Yahya said that Malik said; What is done among us is that when a man house is locked and he is the only one living in it; cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door; and it is a place of custody for each of them; whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off. Malik said; What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged; his hand is not cut off. It is like that with a slave-girl when she steals from her master property. Her hand is not cut off. Malik then spoke about a slave who was not in service and not one of those trusted in the house; and he entered secretly and stole from the property of his master wife that for which cutting off the hand was obliged. He said; His hand is cut off. It is like that with the wife slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress property that for which cutting off the hand is obliged. Her hand is not cut off. It is like that with the wife slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress husband something for which cutting off the hand is obliged. Her hand is cut off. It is like that with the man who steals from his wife goods or the wife who steals from her husband goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse property is in a room other than the room which they both lock for themselves; or it is in a place of custody in a room other than the room which they are in; whichever of them steals something for which cutting off the hand is obliged; their hand should be cut off. Malik spoke about a small child and a foreigner who does not speak clearly. He said; If they are robbed of something from its place of custody or from under a lock; the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room when it is stolen ; the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees Malik said; What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for; his hand is cut off. That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. Malik added; Cutting off the hand is not obliged for him until he takes it out of the grave.  +
MuwataMalik-017-001-34800 +	Yahya related to me from Malik from Yahya Ibn Said from Muhammad Ibn Yahya Ibn Habban that a slave stole a small palm from a man garden and planted it in the garden of his master. The owner of the palm went out looking for the palm and found it. He asked for help against the slave from Marwan Ibn AlHakam. Marwan jailed the slave and wanted to cut off his hand. The master of the slave rushed off to Rafi Ibn Khadij and asked him about it. Rafi informed him that he heard the Messenger of Allah; may Allah bless him and grant him peace; say; The hand is not cut off for fruit or palm pith. The man said; Marwan Ibn AlHakam has taken a slave of mine and wants to cut off his hand. I would like you to go with me to him so you can tell him what you heard from the Messenger of Allah; may Allah bless him and grant him peace. So; Rafi went with him to Marwan Ibn AlHakam. He said; Did you arrest a slave for this? He said; Yes. He said; What will you do with him? He said; I want to cut off his hand. Rafi said to him; I heard the Messenger of Allah; may Allah bless him and grant him peace; say; The hand is not cut off for dates or palm pith. Marwan therefore ordered the slave to be released.  +
MuwataMalik-017-001-34801 +	Yahya related to me from Malik from Ibn Shihab from AlSaib Ibn Yazid that Abdullah Ibn Amr Ibn AlHadrami brought a slave of his to Umar Ibn AlKhattab and said to him; Cut off the hand of this slave of mine. He has stolen. Umar said to him; What did he steal? He said; He stole a mirror belonging to my wife. Its value was sixty dirhams. Umar said; Let him go. His hand is not to be cut off. He is your servant who has stolen your belongings.  +
MuwataMalik-017-001-34802 +	Yahya related to me from Malik from Ibn Shihab that Marwan Ibn AlHakam was brought a man who had snatched some goods and he wanted to cut off his hand. He sent to Zayd Ibn Thabit to ask him about it. Zayd Ibn Thabit said to him; The hand is not cut off for what is stolen by chance; openly; in haste.  +
MuwataMalik-017-001-34803 +	Yahya related to me from Malik that Yahya Ibn Said said that Abu Bakr Ibn Muhammad Ibn Amr Ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abdulrahman sent a girl mawla to him called Umaya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying; Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand? He had said; Yes. She said; Amra says to you not to cut off the hand except for a quarter of a dinar and upwards. Abu Bakr added; So I let the Nabatean go. Malik said; The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself; the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself. Malik said; As for the one of them who confesses to a matter which will incur damages agains this master; his confession is not accepted against his master. Malik said; One does not cut off the hand of a hireling or a man who is with some people to serve them; if he robs them; because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off. Malik said about a person who borrows something and then denies it; His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied. Malik said; The generally agreed-on way of dealing among us; with the thief who is found in a house and has gathered up goods and has not taken them out; is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either. Malik said; The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance; openly and in haste; whether or not its price reaches that for which the hand is cut off.  +
MuwataMalik-017-001-34804 +	Yahya related to me that Malik said; What is done in our community in the case of a man who makes his slave-girl a mudabbara and she gives birth to children after that; and then the slave-girl dies before the one who gave her a tadbir is that her children are in her position. The conditions which were confirmed for her are confirmed for them. The death of their mother does not harm them. If the one who made her mudabbara dies; they are free if their value is less than one third of his total property. Malik said; For every mother by birth as opposed to mother by suckling; her children are in her position. If she is free and she gives birth after she is free; her children are free. If she is a mudabbara or mukataba; or freed after a number of years in service; or part of her is free or pledged or she is an umm walad; each of her children are in the same position as their mother. They are set free when she is set free and they are slaves when she is a slave. Malik said about the mudabbara given a tadbir while she was pregnant; Her children are in her position. That is also the position of a man who frees his slave- girl while she is pregnant and does not know that she is pregnant. Malik said; The sunna about such women is that their children follow them and are set free by their being set free. Malik said; It is the same as if a man had bought a slave-girl while she was pregnant. The slave-girl and what is in her womb belong to the one who bought her whether or not the buyer stipulates that. Malik continued; It is not halal for the seller to make an exception about what is in her womb because that is an uncertain transaction. It reduces her price and he does not know if that will reach him or not. That is as if one sold the foetus in the womb of the mother. That is not halal because it is an uncertain transaction. Malik said about the mukatab or mudabbar who bought a slave- girl and had intercourse with her and she became pregnant by him and gives birth; The children of both of them by a slave-girl are in his position. They are set free when he is set free and they are slaves when he is a slave. Malik said; When he is set free; the umm walad is part of his property which is surrendered to him when he is set free.  +
MuwataMalik-017-001-34805 +	Malik spoke about a mudabbar who said to his master; Free me immediately and I will give fifty dinars which I will have to pay in instalments. His master said; Yes. You are free and you must pay fifty dinars; and you will pay me ten dinars every year. The slave was satisfied with this. Then the master dies one; two or three days after that. He said; The freeing is confirmed and the fifty dinars become a debt against him. His testimony is permitted; his inviolability as a free man is confirmed; as are his inheritance and his liability to the full hudud punishments. The death of his master; however; does not reduce the debt for him at all. Malik said that if a man who made his slave a mudabbar died and he had some property at hand and some absent property; and in the property at hand there was not enough in the third he was allowed to bequeath to cover the value of the mudabbar; the mudabbar was kept there together with this property; and his tax kharaj was gathered until the master absent property was clear. Then if a third of what his master left would cover his value; he was freed with his property and what had gathered of his tax. If there was not enough to cover his value in what his master had left; as much of him was freed as the third would allow; and his property was left in his hands.  +
MuwataMalik-017-001-34806 +	Malik said; The generally agreed-on way of doing things in our community is that any setting-free which a man makes in a bequest that he wills in health or illness can be rescinded by him when he likes and changed when he likes as long as it is not a tadbir. There is no way to rescind a tadbir once he has made it. As for every child born to him by a slave-girl who he wills to be set free but he does not make mudabbara; her children are not freed with her when she is freed. That is because her master can change his will when he likes and rescind it when he likes; and being set free is not confirmed for her. She is in the position of a slave-girl whose master says; If so- and-so remains with me until I die; she is free. i.e. he does not make a definite contract. Malik said; If she fulfils that; that is hers. If he wishes; before that; he can sell her and her child because he has not entered her child into any condition he has made for her. The bequest in setting free is different from the tadbir. The precedent of the sunna makes a distinction between them. Had a bequest been in the position of a tadbir; no testator would be able to change his will and what he mentioned in it of setting free. His property would be tied up and he would not be able to use it. Malik said about a man who made all his slaves mudabbar while he was well and they were his only property; If he made some of them mudabbar before the others; one begins with the first until the third of his property is reached. i.e. their value is matched against the third; and those whose value is covered are free. If he makes the mall mudabbar in his illness; and says in one statement; So-and-so is free. So-and-so is free. So-and-so is free if my death occurs in this illness; or he makes them all mudabbar in one statement; they are matched against the third and one does not begin with any of them before the others. It is a bequest and they have a third of his property divided between them in shares. Then the third of his property frees each of them according to the extent of his share. No single one of them is given preference when that all occurs in his illness. Malik spoke about a master who made his slave a mudabbar and then he died and the only property he had was the mudabbar slave and the slave had property. He said; A third of the mudabbar is freed and his property remains in his possession. Malik said about a mudabbar whose master gave him a kitaba and then the master died and did not leave any property other than him; A third of him is freed and a third of his kitaba is reduced; and he owes two-thirds. Malik spoke about a man who freed half of his slave while he was ill and made irrevocable his freeing half of him or all of him; and he had made another slave of his mudabbar before that. He said; One begins with the slave he made mudabbar before the one he freed while he was ill. That is because the man cannot revoke what he has made mudabbar and cannot follow it with a matter which will rescind it. When this mudabbar is freed; then what remains of the third goes to the one who had half of him freed so as to complete his setting-free entirely in the third of the property of the deceased. If what is left of the third does not cover that; whatever is covered by what is left of the third is freed after the first mudabbar is freed.  +
MuwataMalik-017-001-34807 +	Malik related to me from Nafi that Abdullah Ibn Umar made two of his slave-girls mudabbara; and he had intercourse with them while they were mudabbara.  +
MuwataMalik-017-001-34808 +	Malik related to me from Yahya Ibn Said that Said Ibn AlMusayab used to say; When a man makes his slave-girl mudabbara; he can have intercourse with her. He cannot sell her or give her away and her children are in the same position as her.  +
MuwataMalik-017-001-34809 +	Malik said; The generally agreed on way of doing things in our community about a mudabbar is that the owner cannot sell him or change the position in which he has put him. If a debt overtakes the master; his creditors cannot sell the mudabbar as long as the master is alive. If the master dies and has no debts; the mudabbar is included in the third of the bequest because he expected his work from him as long as he lived. He cannot serve him all his life; and then he frees him from his heirs out of the main portion of his property when he dies. If the master of the mudabbar dies and has no property other than him; one third of him is freed; and two thirds of him belong to the heirs. If the master of the mudabbar dies and owes a debt which encompasses the mudabbar; he is sold to meet the debt because he can only be freed in the third which is allowed for bequest. He said; If the debt only includes half of the slave; half of him is sold for the debt. Then a third of what remains after the debt is freed. Malik said; It is not permitted to sell a mudabbar and it is not permitted for anyone to buy him unless the mudabbar buys himself from his master. He is permitted to do that. Or else some one gives the master of the mudabbar money and his master who made him a mudabbar frees him. That is also permitted for him. Malik said; His wala belongs to his master who made him a mudabbar. Malik said; It is not permitted to sell the service of a mudabbar because it is an uncertain transaction since one does not know how long his master will live. That is uncertain and it is not good. Malik spoke about a slave who was shared between two men; and one of them made his portion mudabbar. He said; They estimate his value between them. If the one who made him mudabbar buys him; he is all mudabbar. If he does not buy him; his tadbir is revoked unless the one who retains ownership of him wishes to give his partner who made him mudabbar his value. If he gives him to him for his value; that is binding; and he is all mudabbar. Malik spoke about the christian man who made a christian slave of his mudabbar and then the slave became muslim. He said; One separates the master and the slave; and the slave is removed from his christian master and is not sold until his situation becomes clear. If the christian dies and has a debt; his debt is paid from the price of the slave unless he has in his estate what will pay the debt. Then the mudabbar is set free.  +
MuwataMalik-017-001-34810 +	Malik related to me that he heard that Umar Ibn Abd AlAziz gave a judgement about the mudabbar who did an injury. He said; The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense in the form of service is taken from him as the blood-money of the injury. If he completes that before his master dies; he reverts to his master. Malik said; The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third allowed to be bequeathed is freed; and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free; and two-thirds are against the two-thirds which the heirs have. If they wish; they surrender what they have of him to the party with the injury; and if they wish; they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave; as well as the criminal action of the slave; part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid; and then one would look at what remained after that of the slave. His third would b be set free; and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because; if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars; and the slave strikes a free man on the head with a blow that lays open the skull; and the blood-money is fifty dinars; and the master of the slave has a debt of fifty dinars; one begins with the fifty dinars which are the blood-money of the head wound; and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave; and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of his master. The debt of his master is more pressing than the tadbir which is a bequest from the third of the property of the deceased. None of the tadbir is permitted while the master of the mudabbar has a debt which is not paid. It is a bequest. That is because Allah; the Blessed; the Exalted; said; After any bequest that is made or any debt. Surat 4 ayat 10 Malik said; If there is enough in the third property that the deceased can bequeath to free all the mudabbar; he is freed and the blood-money due from his criminal action is held as a debt against him which follows him after he is set free even if that blood-money is the full blood-money. It is not a debt on the master. Malik spoke about a mudabbar who injured a man and his master surrendered him to the injured party; and then the master died and had a debt and did not leave any property other than the mudabbar; and the heirs said; We surrender the mudabbar to the party; whilst the creditor said; My debt exceeds that. Malik said that if the creditor debt did exceed that at all ; he was more entitled to it and it was taken from the one who owed the debt; according to what the creditor was owed in excess of the blood-money of the injury. If his debt did not exceed it at all; he did not take the slave. Malik spoke about a mudabbar who did an injury and had property; and his master refused to ransom him. He said; The injured party takes the property of the mudabbar for the blood-money of his injury. If there is enough to pay it; the injured party is paid in full for the blood-money of his injury and the mudabbar is returned to his master. If there is not enough to pay it; he takes it from the blood-money and uses the mudabbar for what remains of the blood-money.  +