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(Book 40, Hadith 6) #36580
Rules & Regulations of a Mudabbar

SUMMARY: The hadith discusses the rules and regulations of a mudabbar, which is a type of slave. It explains that the owner cannot sell him or change his position, and if the master dies with debt, then the mudabbar can be sold to pay off the debt.

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".

TOPICS
slave  *  debt  *  ownership  *  estimate  *  mudabbar

QUICK LESSONS:
Respect human life regardless of status; Pay off any outstanding debts before freeing slaves from bondage when possible; Respect religious freedom regardless of faith background between masters and slaves alike .

EXPLANATIONS:
This hadith discusses rules and regulations regarding mudabbars, which are slaves owned by someone. It explains that their owners cannot sell them or change their positions in any way. If an owner dies with debt, then creditors can sell the mudabbars to pay off those debts. If there is no debt but only heirs left behind after death, then one third of them will be freed while two thirds will belong to those heirs. The wala' or ownership belongs to whoever made them into a mudabbar in the first place. It is not allowed to buy or sell services from these slaves as it is uncertain how long they will serve their masters for since life expectancy is unknown. Lastly, if a Christian slave becomes Muslim while being owned by another Christian master, then they must be separated and not sold until their situation becomes clear; if there are debts owed by this Christian master when he passes away then these debts should be paid from this slave's price unless there are other assets available in his estate that can cover it instead; if so then this slave should be set free instead of being sold off for payment purposes.

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