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(Book 39, Hadith 11) #36570
Conditions of Mukatab Freedom

SUMMARY: The hadith discusses the conditions of a mukatab, a slave who has been given a kitaba (contract) to pay off his freedom. It explains that if the mukatab pays all his instalments and is set free, any stipulations involving his person are removed from him. It also states that if the master dies before the mukatab has paid off all his instalments, then whatever remains of his service goes to the master's heirs and wala' goes to whoever contracted to free him.

Malik spoke to me: about a man who wrote a kitaba for his slave for gold or silver and stipulated against him in his kitaba a journey, service, sacrifice or similar, which he specified by its name, and then the mukatab was able to pay all his instalments before the end of the term. He said, "If he pays all his instalments and he is set free and his inviolability as a free man is complete, but he still has this condition to fulfill, the condition is examined, and whatever involves his person in it, like service or a journey etc., is removed from him and his master has nothing in it. Whatever there is of sacrifice, clothing, or anything that he must pay, that is in the position of dinars and dirhams, and is valued and he pays it along with his instalments, and he is not free until he has paid that along with his instalments". Malik said, "The generally agreed-on way of doing things among us about which there is no dispute, is that a mukatab is in the same position as a slave whom his master will free after a service of ten years. If the master who will free him dies before ten years, what remains of his service goes to his heirs and his wala' goes to the one who contracted to free him and to his male children or paternal relations". Malik spoke about a man who stipulated against his mukatab that he could not travel, marry, or leave his land without his permission, and that if he did so without his permission it was in his power to cancel the kitaba. He said, "If the mukatab does any of these things it is not in the man's power to cancel the kitaba. Let the master put that before the Sultan. The mukatab, however, should not marry, travel, or leave the land of his master without his permission, whether or not he stipulates that. That is because the man may write a kitaba for his slave for 100 dinars and the slave may have 1000 dinars or more than that. He goes off and marries a woman and pays her bride-price which sweeps away his money and then he cannot pay. He reverts to his master as a slave who has no property. Or else he may travel and his instalments fall due while he is away. He cannot do that and kitaba is not to be based on that. That is in the hand of his master. If he wishes, he gives him permission in that. If he wishes, he refuses it".

TOPICS
instalment  *  slave  *  freedom  *  kitaba  *  mukatab  *  wala

QUICK LESSONS:
Respect agreements made between two parties even after death or other circumstances arise which may prevent one party from fulfilling its end of an agreement .

EXPLANATIONS:
This hadith discusses conditions for a slave's freedom through paying off their kitaba or contract. A kitaba is an agreement between two parties in which one party agrees to pay money or provide goods in exchange for something else such as freedom from slavery. In this case, it is discussed that if a muktab pays all their instalments and is set free, any stipulations involving their person are removed from them. If however, the master dies before they have paid off all their instalments then whatever remains of their service goes to the master's heirs and wala' goes to whoever contracted to free them. This hadith teaches us about justice and fairness when it comes to freeing slaves through contracts as well as respecting agreements made between two parties even after death or other circumstances arise which may prevent one party from fulfilling its end of an agreement.

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