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موطا امام مالك رواية يحييٰ
Muwatta Malik (Yahya)
كتاب العتق والولاءBook: On the Explanation of Emancipation and Allegiance
بَابُ الشَّرْطِ فِي الْعِتْقِChapter on conditions in emancipation
Hadith 1269
اُردوEn
حَدَّثَنِي مَالِك، عَنْ يَحْيَى بْنِ سَعِيدٍ ، وَعَنْ غَيْرِ وَاحِدٍ، عَنْ الْحَسَنِ بْنِ أَبِي الْحَسَنِ الْبَصْرِيِّ ، وَعَنْ مُحَمَّدِ بْنِ سِيرِينَ ، أَنَّ رَجُلًا فِي زَمَانِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَعْتَقَ عَبِيدًا لَهُ سِتَّةً عِنْدَ مَوْتِهِ، " فَأَسْهَمَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بَيْنَهُمْ، فَأَعْتَقَ ثُلُثَ تِلْكَ الْعَبِيدِ " . قَالَ مَالِك : وَبَلَغَنِي أَنَّهُ لَمْ يَكُنْ لِذَلِكَ الرَّجُلِ مَالٌ غَيْرُهُمْ
It is narrated from Hasan al-Basri and Muhammad ibn Sirin that a man freed his six slaves during the time of the Messenger of Allah, peace and blessings be upon him. The Prophet, peace and blessings be upon him, drew lots and upheld the freedom of two of them.
Imam Malik, may Allah have mercy on him, said: It has reached me that this man had no wealth except for those six slaves.
Imam Malik, may Allah have mercy on him, said: It has reached me that this man had no wealth except for those six slaves.
Imam Malik, may Allah have mercy on him, said that if a person has completely freed his slave to the extent that his testimony has become valid, his sanctity has been established, and his inheritance has been confirmed, then it is not permissible for his master to impose any condition of wealth or service upon him, nor to place any burden of slavery upon him, because the Messenger of Allah, peace and blessings be upon him, said: "Whoever frees his share in a slave, then the value of the slave should be assessed and each partner should free his share accordingly, and the slave will become free over him." Imam Malik, may Allah have mercy on him, said: Therefore, in the case where the slave is solely his property, he is more entitled to complete his freedom, and he cannot place the burden of slavery upon him.
