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(Book 39, Hadith 2) #36561
Mukatab and Kitaba

SUMMARY: A mukatab is a slave as long as any of his kitaba remains to be paid, and if he dies with more property than what remains to be paid of his kitaba, his children will inherit the remaining property.

Malik related to me that he had heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar said, "The mukatab is a slave as long as any of his kitaba remains to be paid". Malik said, "This is my opinion as well". Malik said, "If a mukatab dies and leaves more property than what remains to be paid of his kitaba and he has children who were born during the time of his kitaba or whose kitaba has been written as well, they inherit any property that remains after the kitaba has been paid".
وَحَدَّثَنِي مَالِكٌ، أَنَّهُ بَلَغَهُ أَنَّ عُرْوَةَ بْنَ الزُّبَيْرِ، وَسُلَيْمَانَ بْنَ يَسَارٍ، كَانَا يَقُولاَنِ الْمُكَاتَبُ عَبْدٌ مَا بَقِيَ عَلَيْهِ مِنْ كِتَابَتِهِ شَىْءٌ ‏.‏ قَالَ مَالِكٌ وَهُو رَأْيِي ‏.‏ قَالَ مَالِكٌ فَإِنْ هَلَكَ الْمُكَاتَبُ وَتَرَكَ مَالاً أَكْثَرَ مِمَّا بَقِيَ عَلَيْهِ مِنْ كِتَابَتِهِ وَلَهُ وَلَدٌ وُلِدُوا فِي كِتَابَتِهِ أَوْ كَاتَبَ عَلَيْهِمْ وَرِثُوا مَا بَقِيَ مِنَ الْمَالِ بَعْدَ قَضَاءِ كِتَابَتِهِ
TOPICS
slave  *  property  *  inheritance  *  muktaba  *  kitbaa  *  abd  *  amwal  *  warathah  *  mukatab  *  kitaba

QUICK LESSONS:
Respect slaves by treating them fairly and justly . Pay off debts on time . Follow Islamic inheritance laws .

EXPLANATIONS:
This hadith discusses the concept of mukatab and kitaba. A mukatab is a slave who has entered into an agreement with their master that they will pay off their freedom in installments. The hadith states that until all payments are made, the mukatab is still considered a slave. If the mukatab dies before all payments are made, then any remaining property or wealth they have left behind will go to their children who were born during the time of their kitaba or whose own kitaba has been written as well. This hadith teaches us about justice and fairness in dealing with slaves; it also teaches us about inheritance laws in Islam which state that if someone passes away leaving behind wealth or assets, then those assets should be divided among their heirs according to Islamic law.

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