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(Book 38, Hadith 2) #36536
Freeing Slaves without Stipulations

SUMMARY: The hadith is about freeing slaves and not imposing any stipulations on them.

Malik said, "A master who frees a slave of his and settles his emancipation so that his testimony is permitted, his inviolability complete, and his right to inherit confirmed, cannot impose stipulations on him like what he imposes on a slave about property or service, nor get him to do anything of slavery, because the Messenger of Allah, may Allah bless him and grant him peace, said, "If a man frees his share of a slave and has enough money to cover the full price of the slave justly evaluated for him, he must give his partners their shares so the slave is completely free". Malik commented, "If he owns the slave completely, it is more proper to free him completely and not mingle any slavery with it".

TOPICS
freedom  *  slave  *  emancipation  *  testimony  *  inviolability  *  inheritance  *  hurriyah  *  abd  *  taslm  *  shahdah  *  izzah  *  wirthah

QUICK LESSONS:
Freeing slaves without imposing any stipulation upon them .

EXPLANATIONS:
This hadith is about freeing slaves and not imposing any stipulations on them. It was narrated by Malik ibn Anas that a master who frees a slave of his and settles his emancipation so that his testimony is permitted, his inviolability complete and his right to inherit confirmed cannot impose stipulations on him like what he imposes on a slave about property or service nor get him to do anything of slavery. The Messenger of Allah said if a man frees his share of the slave and has enough money to cover the full price of the slave justly evaluated for him then he must give his partners their shares so the slave is completely free. If he owns the slave completely it is more proper to free him completely without muddling it with slavery.

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