باب: : من قال: يجب على الرجل مكاتبة عبده قويا أمينا، ومن قال: لا يجبر عليها، لأن الآية محتملة أن تكون إرشادا، أو إباحة لا حتما
One who said a man must grant a contract of manumission to his slave who is capable and trustworthy, and one who said he is not compelled, as the verse may be guidance or permission, not obligation
4 hadith
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Sayyiduna Anas bin Malik (may Allah be pleased with him) says that Sirin wanted me to make a contract of manumission (mukatabah) with him, and I refused. He went to Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) and mentioned it to him. Sayyiduna Umar (may Allah be pleased with him) came to me with the whip and said: Make the contract with him.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب المكاتب / 21615
Ibn Jurayj (may Allah have mercy on him) says: I said to Ata' (may Allah have mercy on him): Is it obligatory upon me to make a contract of manumission (mukatabah) with him if I know that there is good in him? He said: I consider it nothing but obligatory. Amr bin Dinar (may Allah have mercy on him) also said the same. And I said to Ata' (may Allah have mercy on him): Do you narrate this from anyone? He said: No.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب المكاتب / 21616
Al-Hasan (may Allah have mercy on him) says that making a contract of manumission (mukatabah) is not binding; if he wishes he may make the contract, and if he does not wish he need not.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب المكاتب / 21617
Hibban bin Abi Jabalah (may Allah have mercy on him) says that the Messenger of Allah (peace and blessings be upon him) said: "Everyone has more right to his wealth than his children, his parents and all people."
This is mursal; Hibban bin Abi Jabalah al-Qurashi is one of the Tabi'in (Successors).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب المكاتب / 21618