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(Book 39, Hadith 13) #36572
Freeing Slaves with Consent

SUMMARY: It is not permissible to free one slave from a group of slaves without consulting the other slaves and obtaining their consent.

Malik said, "If people are together in one kitaba, their master cannot free one of them without consulting his companions who are with him in the kitaba and obtaining their consent. If they are young, however, their consultation means nothing and it is not permitted to them. That is because a man might work for all the people and he might pay their kitaba for them to complete their freedom. Their master approaches the one who will pay for them and their rescue from slavery is through him. He frees him and so makes those who remain unable to pay. He does it intending benefit and increase for himself. It is not permitted for him to do that to those of them who remain. The Messenger of Allah, may Allah bless him and grant him peace, said, 'There must be no harm nor return of harm'. This is the most severe harm". Malik said about slaves who wrote a kitaba together that it was permitted for their master to free the old and exhausted of them and the young when neither of them could pay anything, and there was no help nor strength to be had from any of them in their kitaba.

TOPICS
freedom  *  consent  *  slavery  *  kitaba

QUICK LESSONS:
Consult with other people before making decisions related to slavery and freedom .

EXPLANATIONS:
This hadith discusses the issue of freeing slaves. According to this hadith, it is not permissible for a master to free one slave from a group of slaves without consulting the other slaves and obtaining their consent. The Prophet Muhammad, may Allah bless him and grant him peace, said that there must be no harm nor return of harm in this situation. This means that if one slave is freed while the others remain enslaved, then it would be considered an injustice as they are all equally deserving of freedom. Furthermore, if none of them can pay for their freedom then it is permitted for their master to free those who are old or exhausted as well as young ones who cannot pay anything either. In conclusion, this hadith teaches us that justice should always prevail when dealing with matters related to slavery and freedom.

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