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(Book 31, Hadith 2) #36344
Rights of Slave Owners and Property of Slaves

SUMMARY: The hadith discusses the rights of a slave owner and the property of a slave.

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "If a slave who has wealth is sold, that wealth belongs to the seller unless the buyer stipulates its inclusion". Malik said, "The generally agreed upon way of doing things among us is that if the buyer stipulates the inclusion of the slave's property whether it be cash, debts, or goods of known or unknown value, then they belong to the buyer, even if the slave possesses more than that for which he was purchased, whether he was bought for cash, as payment for a debt, or in exchange for goods. This is possible because a master is not asked to pay zakat on his slave's property. If a slave has a slave-girl, it is halal for him to have intercourse with her by his right of possession. If a slave is freed or put under contract (kitaba) to purchase his freedom, then his property goes with him. If he becomes bankrupt, his creditors take his property and his master is not liable for any of his debts".
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ نَافِعٍ، عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ، أَنَّ عُمَرَ بْنَ الْخَطَّابِ، قَالَ مَنْ بَاعَ عَبْدًا وَلَهُ مَالٌ فَمَالُهُ لِلْبَائِعِ إِلاَّ أَنْ يَشْتَرِطَهُ الْمُبْتَاعُ

TOPICS
slavery  *  property  *  rights  *  ikhtilaf  *  kitaba  *  zakat

QUICK LESSONS:
Treat slaves with respect by ensuring they are given back what is rightfully theirs when they are freed or sold .

EXPLANATIONS:
This hadith discusses the rights of a slave owner and the property of a slave. It states that if a slave is sold, his wealth belongs to the seller unless the buyer stipulates its inclusion. It also states that if a buyer does stipulate its inclusion then it belongs to them even if it is more than what was paid for. Furthermore, it states that if a slave has been freed or put under contract to purchase his freedom then their property goes with them. Lastly, it mentions that if they become bankrupt then their creditors take their property and not their master. This hadith teaches us about justice in regards to slavery as well as how we should treat slaves with respect by ensuring they are given back what is rightfully theirs when they are freed or sold.

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