In the name of Allah most gracious most merciful
Assalaamu alaykum wa rahmatuallahi wa barakatahu
3:114 They believe in Allah and the Last Day; they enjoin what is right and forbid what is wrong; and they (hasten in emulation) in (all) good works; they are in the ranks of the righteous.
31:17 "O my son! establish regular prayer enjoin what is just and forbid what is wrong: and bear with patient constancy whatever betide thee; for this is firmness (of purpose) in (the conduct of) affairs.
1.mukatab/mukataba- freed after a number of years in service--------contract (mukatab)
2.mudabbar/mudabbar -(to be freed after his death).
3.umm walad - part of her is free or pledged [umm walad (a slave woman who bore her master a child) ]
4.wala/mawali- inheritance - a slaves property belongs to his master,he can either sell or keep it with himself but a mukatab property is his own.
The jew or christian is not given a muslim slave."
Al-Muwatta Hadith Hadith 31.4
Notes: on defects of slaves hadith.The acutal hadith can be read at Muwatta 31.4
1.If the slave had defect and the seller was aware but while selling took no responsibility and the buyer was'nt informed about the defect,then after buying ,the buyer can return the slave or the seller should testify that he was'nt aware of the defect.
2.If the buyer finds a fault in a slave like a female slave becomes pregnant after her purchase or a seller admits faults after selling or any other proofs comes out then the sale with the fault/defect is accessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded,from what he paid,the difference between the price of a slave who is sound and a slave with such a defect.
3.If a buyer finds a defect in slave after buying ofcourse,when he was in possessions of the defective slave,another defect happend to that slave like loss of limb,eye etc,and the buyer If he wants, he can have the price of the slave reduced commensurate with the defect (he bought him with ) according to the prices on the day he bought him, or if he likes, he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him.(i)If the slave dies in his possession, the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of purchase without fault was 100 dinars, and his price on the day of purchase with fault would have been 80 dinars, the price is reduced by the difference. These prices are assessed according to the market value on the day the slave was purchased .
4.Malik said, "The generally agreed upon way of doing things among us is that if a man returns a slave girl in whom he has found a defect and he has already had intercourse with her, he must pay what he has reduced of her price if she was a virgin. If she was not a virgin, there is nothing against his having had intercourse with her because he had charge of her."
conclusion:Malik said, "The generally agreed upon way of doing things among us regarding a person, whether he is an inheritor or not, who sells a slave, slave-girl, or animal without a liability agreement is that he is not responsible for any defect in what he sold unless he knew about the fault and concealed it. If he knew that there was a fault and concealed it, his declaration that he was free of responsibility does not absolve him, and what he sold is returned to him."
5:Malik spoke about a situation where a slave-girl was bartered for two other slave-girls and then one of the slave-girls was found to have a defect for which she could be returned. He said, "The slave-girl worth two other slave-girls is valued for her price. Then the other two slave-girls are valued, ignoring the defect which the one of them has. Then the price of the slave-girl sold for two slave-girls is divided between them according to their prices so that the proportion of each of them in her price is arrived at - to the higher priced one according to her higher price, and to the other according to her value. Then one looks at the one with the defect, and the buyer is refunded according to the amount her share is affected by the defect, be it little or great. The price of the two slave-girls is based on their market value on the day that they were bought."
Malik spoke about a man who bought a slave and hired him out on a long-term or short-term basis and then found out that the slave had a defect which necessitated his return. He said that if the man returned the slave because of the defect, he kept the hire and revenue. "This is the way in which things are done in our city. That is because, had the man bought a slave who then built a house for him, and the value of the house was many times the price of the slave, and he then found that the slave had a defect for which he could be returned, and he was returned, he would not have to make payment for the work the slave had done for him. Similarly, he would keep any revenue from hiring him out, because he had charge of him. This is the way of doing things among us."
Malik said, "The way of doing things among us when someone buys several slaves in one lot and then finds that one of them has been stolen, or has a defect, is that he looks at the one he finds has been stolen or the one in which he finds a defect. If he is the pick of those slaves, or the most expensive, or it was for his sake that he bought them, or he is the one in whom people see the most excellence, then the whole sale is returned. If the one who is found to be stolen or to have a defect is not the pick of the slaves, and he did not buy them for his sake, and there is no special virtue which people see in him, the one who is found to have a defect or to have been stolen is returned as he is, and the buyer is refunded his portion of the total price."
Al-Muwatta Hadith Hadith 33.3
The Condition About Slaves in Sharecropping
Yahya said that Malik said, "The best of what has been heard about a sharecropper stipulating on the owner of the property the inclusion of some slave workers, is that there is no harm in that if they are workers that come with the property. They are like the property. There is no profit in them for the share-cropper except to lighten some of his burden. If they did not come with the property, his toil would be harder. It is like share-cropping land with a spring or land with a watering trough. You will not find anyone who receives the same share for share-cropping two lands which are equal in property and yield, when one property has a constant plentiful spring and the other has a watering trough, because of the lightness of working land with a spring, and the hardship of working land with a watering trough."
Malik added, "That is what is done in our community."
Malik said, "A share-cropper cannot employ workers from the property in other work, and he cannot make that a stipulation with the one who gives him the share-cropping contract. Nor is it permitted to one who share-crops to stipulate on the owner of the property inclusion of slaves for use in the garden who are not in it when he makes the share-cropping contract."
"Nor must the owner of the property stipulate on the one who uses his property for share-cropping that he take any of the slaves of the property and remove him from the property. The share-cropping of property is based on the state which it is currently in."
"If the owner of the property wants to remove one of the slaves of the property, he removes him before the share-cropping, or if he wants to put someone into the property, he does it before the share-cropping. Then he grants the share-cropping contract after that if he wishes. If any of the slaves die or go off or become ill, the owner of the property must replace them."
Al-Muwatta Hadith Hadith 38.12
Slaves Not Permitted to be Freed when a Slave must be Freed by Obligation
Malik related to me that he had heard that Abdullah ibn Umar was asked whether a slave could be bought on the specific condition that it was to be used to fulfil the obligation of freeing a slave, and he said, "No."
Malik said, "That is the best of what I have heard on the obligation of freeing slaves. Someone who has to set a slave free because of an obligation on him, may not buy one on the condition that he sets it free because if he does that, whatever he buys is not completely a slave because he has reduced its price by the condition he has made of setting it free."
Malik added, "There is no harm, however, in someone buying a person expressly to set him free."
Malik said, "The best of what I have heard on the obligation of freeing slaves is that it is not permitted to free a christian or a jew to fulfil it, and one does not free a mukatab or a mudabbar or an umm walad or a slave to be freed after a certain number of years, or a blind person. There is no harm in freeing a christian, jew, or magian voluntarily, because Allah, the Blessed, the Exalted, said in His Book, 'either as a favour then or by ransom,' (Sura 47 ayat 4) The favour is setting free."
Malik said, "As for obligations of freeing slaves which Allah has mentioned in the Book, one only frees a mumin slave for them."
Malik said, "It is like that in feeding poor people for kaffara. One must only feed muslims and one does not feed anyone outside of the deen of Islam."
Al-Muwatta Hadith Hadith 31.2
Wealth of Slaves
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."
Al-Muwatta Hadith Hadith 37.8a
About Damages and Injuries Caused by Slaves
Yahya said that he heard Malik say, "The sunna with us about the crime of slaves is that the hand is not cut off for any harm that a slave causes a man, or something he pilfers, or something guarded which he steals, or hanging dates he cuts down or ruins, or steals. That is against the slave's person and does not exceed the price of the slave whether it is little or much. If his master wishes to give the value of what the slave took or ruined, or pay the blood-price for the injury, he pays it and keeps his slave. If he wishes to surrender him, he surrenders him, and none of that is against him. The master has the option in that."
Al-Muwatta Hadith Hadith 38.3
People who Free Slaves and Own No Other Property
Malik related to me from Yahya ibn Said and somebody else from al-Hasan ibn Abi al-Hasan al-Basri and from Muhammad ibn Sirin that a man in the time of the Messenger of Allah, may Allah bless him and grant him peace, freed six of his slaves while he was dying. The Messenger of Allah, may Allah bless him and grant him peace, drew lots between them and freed a third of those slaves.
Malik added that he had heard that the man did not have any property other than them.
Al-Muwatta Hadith Hadith 38.4
People who Free Slaves and Own No Other Property
Malik related to me from Rabia ibn Abi Abd ar-Rahman that a man in the time of Aban ibn Uthman's amirate freed all of his slaves and did not have other property than them. Aban ibn Uthman took charge of the slaves and they were divided into three groups. Then he drew lots on the basis that which ever group drew the dead man's arrow would be free. The arrow fell to one of the thirds, and that third was freed.
Al-Muwatta Hadith Hadith 38.21
Slaves Attracting the Wala' When Set Free
Malik related to me from Rabia ibn Abd ar-Rahman that az-Zubayr ibn al-Awwam bought a slave and set him free. The slave had children by a free woman. When az-Zubayr freed him, he said, "They are my mawali." The man argued, "They are the mawali of their mother. Rather, they are our mawali." They took the dispute to Uthman ibn Affan, and Uthman gave a judgement that az-Zubayr had their wala'.
Malik related to me that he had heard that Said ibn al-Musayyab was asked who had the wala' of the children whom a slave had by a free woman. Said said, "If their father dies and he is a slave who was not set free, their wala' belongs to the mawali of their mother."
Malik said, "That is like the child of a woman who is a mawla who has been divorced by lian; the child is attached to the mawali of his mother and they are his mawali. If he dies, they inherit from him. If he commits a crime, they pay the blood-money for him. If his father acknowledges him, he is given a kinship to him and his wala' goes to the mawali of his father. They are his heirs, they pay his blood-money and his father is punished with the hadd-punishment."
Malik said, "It is like that with a free-born woman divorced by lian. If her husband who curses her by lian does not acknowledge her child, the child is dealt with in the same way except that the rest of his inheritance after the inheritance of his mother and his brothers from his mother goes to all the muslims as long as he was not given kinship to his father. The child of the lian is attached to the patronage of the mawali of his mother until his father acknowledges him because he does not have a lineage or paternal relations. If his lineage is confirmed, it goes to his paternal relations."
Malik said, "The generally agreed-on way of doing things among us about a child of a slave by a free woman, while the father of the slave is free, is that the grandfather (the father of the slave), attracts the wala' of his son's free children by a free woman. They leave their inheritance to him as long as their father is a slave. If the father becomes free, the wala' returns to his mawali. If he dies and he is still a slave, the inheritance and the wala' go to the grandfather. If the slave has two free sons, and one of them dies while the father is still a slave, the grandfather, the father of the father, attracts the wala' and the inheritance."
Malik spoke about a slave-girl who was set free while she was pregnant and her husband was a slave and then her husband became free before she gave birth, or after she gave birth. He said, "The wala' of what is in her womb goes to the person who set the mother free because slavery touched the child before the mother was set free. It is not treated in the same way as a child conceived by its mother after she has been set free because the wala' of such a child, is attracted by the father when he is set free."
Malik said that if a slave asked his master's permission to free a slave of his and his master gave permission, the wala' of the freed slave went to the master of his master, and his wala' did not return to the master who had set him free, even if he were to become free himself."
Al-Muwatta Hadith Hadith 43.15a
Retaliation in Killing
Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man.
Yahya said that Malik said, "The best of what I have heard on the interpretation of this ayat, the word of Allah, the Blessed, the Exalted, 'The free man for the free man and the slave for the slave - these are men and the woman for the woman,' (Sura 2 ayat 178) is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah, the Blessed, the Exalted, said in His Book, 'We have written for them in it that it is a life for a life and an eye for an eye, a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed, the Exalted, mentioned that it is a life for a life. It is the life of a free woman for the life of a free man, and her injury for his injury."
Malik said about a man who held a man fast for another man to hit, and he died on the spot, "If he held him and he thought that he meant to kill him, the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do, and he did not think that he meant to kill him, the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him."
Malik said about a man who murdered a man intentionally or gouged out his eye intentionally, and then was slain or had his eye gouged out himself before retaliation was inflicted on him, "There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies, the one seeking blood-revenge has nothing of blood-money or anything else. That is by the word of Allah, the Blessed the Exalted, 'Retaliation is written for you in killing. The free man for the free man and the slave for the slave.' "
Malik said, "He only has retaliation against the one who killed him. If the man who murdered him dies, he has no retaliation or blood-money."
Malik said, "There is no retaliation held against a free man by a slave for any injury. The slave is killed for the free man when he intentionally murders him. The free man is not slain for the slave, even if he murders him intentionally. It is the best of what I have heard."
Al-Muwatta Hadith Hadith 29.69
Idda of Slave-Girls Divorced by Their Husbands
Malik said, "What is done among us when a slave divorces a slave-girl when she is a slave and then she is set free, is that her idda is the idda of a slave-girl, and her being set free does not change her idda whether or not he can still return to her. Her idda is not altered."
Malik added, "The hadd-punishment which a slave incurs is the same as this. When he is freed after he has incurred but before the punishment has been executed, his hadd is the hadd of the slave."
Malik said, "When a free man divorces a slave-girl three times, her idda is two periods. When a slave divorces a free woman twice, her idda is three periods."
Malik said about a man who had a slave-girl as a wife, and he bought her and set her free, ''Her idda is the idda of a slave-girl, i.e. two periods, as long as he has not had intercourse with her. If he has had intercourse with her after buying her and before he set her free, she only has to wait until one period has passed . "
Al-Muwatta Hadith Hadith 38.6
Freeing Slaves who are Umm Walad and a General Chapter on Freeing
Malik related to me from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "If a slave-girl gives birth to a child by her master, he must not sell her, give her away, or bequeath her. He enjoys her and when he dies she is free ."
Al-Muwatta Hadith Hadith 36.39
What is Not Permitted in Giving Gifts (1)
Yahya related to us from Malik from Ibn Shihab from Humayd ibn Abd ar-Rah man ibn Awf and from Muhammad ibn an-Numan ibn Bashir that they related to him that an-Numan ibn Bashir said that his father Bashir brought him to the Messenger of Allah, may Allah bless him and grant him peace, and said, "I have given this son of mine one of my slaves." The Messenger of Allah, may Allah bless him and grant him peace, said, "Have you given each of your children the same as this?" He said, "No." The Messenger of Allah, may Allah bless him and grant him peace, said, "Then take the slave back."
Sahih Al-Bukhari HadithHadith 8.97 Narrated byHaritha bin WahbAl-Khuzai: The Prophet said, "Shall I inform you about the people of Paradise? They comprise every obscure unimportant humble person, and if he takes Allah's Oath that he will do that thing, Allah will fulfill his oath (by doing that). Shall I inform you about the people of the Fire? They comprise every cruel, violent, proud and conceited person." Anas bin Malik said, "Any of the female slaves of Medina could take hold of the hand of Allah's Apostle and take him wherever she wished."
Al-Muwatta Hadith Hadith 29.29
The Option (of Slave-Girls Married to Slaves when Freed)
Malik said that if a slave-girl, who was the wife of a slave, was set free before he had consummated the marriage, and she chose herself, then she had no bride-price and it was a pronouncement of divorce. That was what was done among them.
Al-Muwatta Hadith Hadith 29.28
The Option (of Slave-Girls Married to Slaves when Freed)
Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said that if a man married a woman, and he was insane or had a physical defect, she had the right of choice. If she wished she could stay, and if she wished she could separate from him.
Al-Muwatta Hadith Hadith 29.27
The Option (of Slave-Girls Married to Slaves when Freed)
Yahya related to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr that a mawla of the tribe of Banu Adi called Zabra told him that she had been the wife of a slave when she was a slave-girl. Then she was set free and she sent a message to Hafsa, the wife of the Prophet, may Allah bless him and grant him peace. Hafsa called her and said, "I will tell you something., but I would prefer that you did not act upon it. You have authority over yourself as long as your husband does not have intercourse with you. If he has intercourse with you, you have no authority at all." Therefore she pronounced her divorce from him three times.
Al-Muwatta Hadith Hadith 28.38a
Prohibition against Marrying Slave-Girls of the People of the Book
Malik said, "It is not halal to marry a christian or jewish slave-girl because Allah the Blessed, the Exalted, said in His Book, 'Believing women who are muhsanat and women of those who were given the Book before you who are muhsanat', (sura 5 ayat 6) and they are free women from the Christians and Jews. Allah, the Blessed, the Exalted, said in His Book, 'If you are not affluent enough to marry believing women who are muhsanat, take believing slave-girls whom your right hands own.' " (Sura 4 ayat 24)
Malik said, "In our opinion, Allah made marriage to believing slave-girls halal, and He did not make halal marriage to christian and jewish slave-girls from the People of the Book."
Malik said, "The christian and jewish slave-girl are halal for their master by right of possession, but intercourse with a magian slave-girl is not halal by the right of possession."
Al-Muwatta Hadith Hadith 29.51
The Divorce of the Slave
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "If a man gives his slave permission to marry, the divorce is in the hand of the slave, and nobody else has any power over his divorce. Nothing is held against a man who takes the slave-girl of his male slave or the slave-girl of his female-slave."
Al-Muwatta Hadith Hadith 39.14
What is Not Permitted in Freeing a Mukatab
Malik said about a man who had his slave in a kitaba and then the mukatab died and left his umm walad, and there remained for him some of his kitaba to pay and he left what would pay it, "The umm walad is a slave since the mukatab was not freed until he died and he did not leave children that were set free by his paying what remained, so that the umm walad of their father was freed by their being set free."
Malik said about a mukatab who set free a slave of his or gave sadaqa with some of his property and his master did not know that until he had set the mukatab free, "That has been performed by him and the master does not rescind it. If the master of the mukatab knows before he sets the mukatab free, he can reject that and not permit it. If the mukatab is then freed and it becomes in his power to do so, he does not have to free the slave, nor give the sadaqa unless he does it voluntarily from himself."
Al-Muwatta Hadith Hadith 39.14
What is Not Permitted in Freeing a Mukatab
Malik said about a man who had his slave in a kitaba and then the mukatab died and left his umm walad, and there remained for him some of his kitaba to pay and he left what would pay it, "The umm walad is a slave since the mukatab was not freed until he died and he did not leave children that were set free by his paying what remained, so that the umm walad of their father was freed by their being set free."
Malik said about a mukatab who set free a slave of his or gave sadaqa with some of his property and his master did not know that until he had set the mukatab free, "That has been performed by him and the master does not rescind it. If the master of the mukatab knows before he sets the mukatab free, he can reject that and not permit it. If the mukatab is then freed and it becomes in his power to do so, he does not have to free the slave, nor give the sadaqa unless he does it voluntarily from himself."
Al-Muwatta Hadith Hadith 29.24
Dhihar of Slaves
ahya related to me from Malik that he asked Ibn Shihab about the dhihar of a slave. He said, "It is like the dhihar of a free man."
Malik said, "He meant that the same conditions were applied in both cases."
Malik said, "The dhihar of the slave is incumbent on him, and the fasting of the slave in the dhihar is two months. "
Malik said that there was no ila for a slave who pronounced a dhihar from his wife. That was because if he were to fast the kaffara for pronouncing a dhihar, the divorce of the ila would come to him before he had finished the fast.
Al-Muwatta Hadith Hadith 28.43
Marriage of Slaves
Yahya related to me from Malik that he heard Rabia ibn Abd ar-Rahman say that a slave could marry four women.
Malik said, "This is the best of what I have heard about the matter."
Malik said, "The slave differs with the muhallil if the slave is given permission by his master for his ex-wife. If his master does not give him permission, he separates them. The muhallil is separated in any case if he intends to make the woman halal by marriage."
Malik said, "When a slave is owned by his wife or a husband owns his wife, the possession of each of them is rendered void without divorce. If a man, for instance, is married to a slave-girl, and then he buys her, he must divorce her as a matter of course. They can then re-marry. If they re-marry afterwards, that separation was not divorce."
Malik said, "When a slave is freed by his wife who owns him and she is in the idda-period from him, they can only return to each other after she has made another marriage."
Al-Muwatta Hadith
Hadith 28.29
Marrying Slaves when already Married to Free Women
Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "The slave girl is not married when there is a free woman who is a wife unless the free woman wishes it. If the free woman complies, she has two-thirds of the division of time."
Malik said, "A free man must not marry a slave-girl when he can afford to marry a free-woman, and he should not marry a slave-girl when he cannot afford a free woman unless he fears fornication. That is because Allah, may he be Blessed and Exalted, says in His Book, 'If you are not affluent enough to marry believing women, who are muhsanat, take slave-girls who are believing women that your right hands own.' (Sura 4 ayat 24) He says, 'That is for those of you who fear al-anat.' "
Malik said, "Al-anat is fornication."
Al-Muwatta Hadith Hadith 28.28
Marrying Slaves when already Married to Free Women
Yahya related to me from Malik that he had heard that Abdullah ibn Abbas and Abdullah ibn Umar were asked about a man who had a free woman as a wife and then wanted to marry a slave-girl. They disapproved that he should combine the two of them.
Sahih Al-Bukhari HadithHadith 5.682 Narrated byIbn Abbas
A woman from the tribe of Khath'am asked for the verdict of Allah's Apostle (regarding something) during Hajjat-ul-Wada' while Al-Fadl bin 'Abbas was the companion-rider behind Allah's Apostle. She asked, "Allah's ordained obligation (i.e. compulsory Hajj) enjoined on His slaves has become due on my old father who cannot sit firmly on the riding animal. Will it be sufficient if I perform the Hajj on his behalf?" He said, "Yes."
Sahih Al-Bukhari HadithHadith 8.717 Narrated byAbu Huraira
Allah's Apostle said, 'Beware of suspicion, for it is the worst of false tales and don't look for the other's faults and don't spy and don't hate each other, and don't desert (cut your relations with) one another. O Allah's slaves, be brothers!" (See Hadith No. 90)
Sahih Al-Bukhari HadithHadith 7.209 Narrated byNafi
Whenever Ibn 'Umar was asked about marrying a Christian lady or a Jewess, he would say: "Allah has made it unlawful for the believers to marry ladies who ascribe partners in worship to Allah, and I do not know of a greater thing, as regards to ascribing partners in worship, etc. to Allah, than that a lady should say that Jesus is her Lord although he is just one of Allah's slaves."
Sunan of Abu-DawoodHadith 4458 Narrated byAli ibn AbuTalib
A slave-girl belonging to the house of the Apostle of Allah (peace be upon him) committed fornication. He (the Prophet) said: Rush up, Ali, and inflict the prescribed punishment on her. I then hurried up, and saw that blood was flowing from her, and did not stop. So I came to him and he said: Have you finished inflicting (punishment on her)? I said: I went to her while her blood was flowing. He said: Leave her alone till her bleeding stops; then inflict the prescribed punishment on her. And inflict the prescribed punishment on those whom your right hands possess (i.e. slaves).
Sahih Al-Bukhari HadithHadith 3.721 Narrated byAl Marur bin Suwaid
I saw Abu Dhar Al-Ghifari wearing a cloak, and his slave, too, was wearing a cloak. We asked him about that (i.e. how both were wearing similar cloaks). He replied, "Once I abused a man and he complained of me to the Prophet. The Prophet asked me, 'Did you abuse him by slighting his mother?' He added, 'Your slaves are your brethren upon whom Allah has given you authority. So, if one has one's brethren under one's control, one should feed them with the like of what one eats and clothe them with the like of what one wears. You should not overburden them with what they cannot bear, and if you do so, help them (in their hard job).' "
Al-Muwatta Hadith Hadith 54.42
The Command to be Kind to Slaves
Malik related to me from his paternal uncle, Abu Suhayl ibn Malik, that his father heard Uthman ibn Affan say in a khutba, "Do not oblige the slave-girl to earn money unless she has a skill. When you oblige her to do that, she will earn money by prostitution. Do not oblige the child to earn money. If he does not find it, he will steal. Have integrity since Allah has integrity with you, and you must feed them good food."
Sunan of Abu-DawoodHadith 5142 Narrated byAbuDharr
The Prophet (peace be upon him) said: Feed those of your slaves who please you from what you eat and clothe them with what you clothe yourselves, but sell those who do not please you and do not punish Allah's creatures.
Al-Muwatta Hadith Hadith 41.35
Things for Which the Hand is Not Cut Off
Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."
Abu Bakr added, "So I let the Nabatean go."
Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."
Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."
Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."
Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."
Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."
Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."
Al-Tirmidhi HadithHadith 5561 Narrated byAisha
A man came and when he had sat down in front of Allah's Messenger (peace be upon him) he said, "Messenger of Allah, I have slaves who lie to me, deceive me and disobey me, and I revile and beat them. How do I stand with respect to them?" He replied, "On the Day of Resurrection account will be taken of the extent of their deceit, disobedience and lying towards you, and of the punishment you administered to them. If your punishment of them was in accordance with their offences, its being exactly right will count neither for you nor against you. If your punishment of them was less than their offence deserved it will be something extra to your credit. But if your punishment of them was greater than their offences deserved requital will be taken from you on their behalf for the excess." The man went aside and began to shout and weep, so Allah's Messenger asked him if he did not recite the words of Allah Most High: "We shall place the just scales for the Day of Resurrection and no soul will be wronged in any respect, and even if there is only the weight of a grain of mustard-seed We shall bring it, and We are sufficient to take account." The man said, "Messenger of Allah (peace be upon him), I find nothing better for myself and these men than to separate from them. I call you to witness that they are all free."
Tirmidhi transmitted it.
Al-Muwatta Hadith Hadith 38.2
Making Conditions when Freeing a Slave
Malik said, "A master who frees a slave of his and settles his emancipation so that his testimony is permitted, his inviolability complete, and his right to inherit confirmed, cannot impose stipulations on him like what he imposes on a slave about property or service, nor get him to do anything of slavery, because the Messenger of Allah, may Allah bless him and grant him peace, said, "If a man frees his share of a slave and has enough money to cover the full price of the slave justly evaluated for him, he must give his partners their shares so the slave is completely free."
Malik commented, "If he owns the slave completely, it is more proper to free him completely and not mingle any slavery with it."
Al-Muwatta Hadith Hadith 41.19a
What has No Hadd for It
Malik said, "The best of what is heard about a slave-girl whom a man has intercourse with while he has a partner in her is that the hadd is not inflicted on him and the child is connected to him. When the slave-girl becomes pregnant, her value is estimated and he gives his partners their shares of the price and the slave-girl is his. That is what is done among us."
Malik said about a man who made his slave-girl halal to a man that if the one for whom she was made halal had intercourse with her, her value was estimated on the day he had intercourse with her and he owed that to her owner whether or not she conceived. The hadd was averted from him by that. If she conceived the child was connected to him.
Malik said about a man who had intercourse with his son's or daughter's slave-girl, "The hadd is averted from him and he owes the estimated value of the slave-girl whether or not she conceives."
Al-Muwatta Hadith Hadith 28.40
Muhsanat
Yahya related to me from Malik from Ibn Shihab, and he had heard from al-Qasim ibn Muhammad that they said, "When a free man marries a slave-girl and consummates the marriage, she makes him muhsan."
Malik said, "All (of the people of knowledge) I have seen said that a slave-girl makes a free man muhsan when he marries her and consummates the marriage."
Malik said, "A slave makes a free woman muhsana when he consummates a marriage with her and a free woman only makes a slave muhsan when he is freed and he is her husband and has had sexual relations with her after he has been set free. If he parts from her before he is free, he is not a muhsan unless he marries her after having been set free and he consummates the marriage."
Malik said, "When a slave-girl is married to a free man and then he separates from her before she is set free, his marriage to her does not make her muhsana. She is not muhsana until she has married after she has been set free and she has had intercourse with her husband. That gives her ihsan. If she is the wife of a freeman and then she is set free while she is his wife before he separates from her, the man makes her muhsana if he has intercourse with her after she has been set free."
Malik said, "The christian and jewish free women and the muslim slave-girl all make a muslim free man muhsan when he marries one of them and has intercourse with her."
Al-Muwatta Hadith Hadith 28.43
Marriage of Slaves
Yahya related to me from Malik that he heard Rabia ibn Abd ar-Rahman say that a slave could marry four women.
Malik said, "This is the best of what I have heard about the matter."
Malik said, "The slave differs with the muhallil if the slave is given permission by his master for his ex-wife. If his master does not give him permission, he separates them. The muhallil is separated in any case if he intends to make the woman halal by marriage."
Malik said, "When a slave is owned by his wife or a husband owns his wife, the possession of each of them is rendered void without divorce. If a man, for instance, is married to a slave-girl, and then he buys her, he must divorce her as a matter of course. They can then re-marry. If they re-marry afterwards, that separation was not divorce."
Malik said, "When a slave is freed by his wife who owns him and she is in the idda-period from him, they can only return to each other after she has made another marriage."
Al-Muwatta Hadith Hadith 28.31
A Man's Owning a Slave Whom He has Married and then Divorced
Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar were asked whether, when a man married a slave of his to a slave-girl and the slave divorced her irrevocably, and then her master gave her to the slave, she was then halal for the slave by the possession of the right hand. They said, "No. She is not halal until she has married another husband."
Al-Muwatta Hadith Hadith 29.51a
Maintenance of Slave-Girls Divorced when Pregnant
Malik said, "Neither a free man nor a slave who divorces a slave-girl nor a slave who divorces a free woman, in an irrevocable divorce, is obliged to pay maintenance even if she is pregnant, and he cannot return to her."
Malik said, "A free man is not obliged to pay for the suckling of his son when he is a slave of other people, nor is a slave obliged to spend his money for what his master owns except with the permission of his master."
Al-Muwatta Hadith Hadith 31.2
Wealth of Slaves
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."
Al-Muwatta Hadith Hadith 35.3
Cases in which Pre-emption is Possible
Malik related to me that he heard the like of that from Sulayman ibn Yasar.
Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."
Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."
Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."
Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."
Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.
Malik said, "This is what is done in our community."
Malik said, "Pre-emption is shared between partners according to their existing shares. Each of them takes according to his portion. If it is small, he has little. If it is great, it is according to that. That is if they are tenacious and contend with each other about it."
Malik said, "As for a man who buys out the share of one of his partners, and one of the other partners says, 'I will take a portion according to my share,' and the first partner says, 'If you wish to take all the preemption, I will give it up to you. If you wish to leave it, then leave it.' If the first partner gives him the choice and hands it over to him, the second partner can only take all the pre-emption or give it back. If he takes it, he is entitled to it. If not, he has nothing."
Malik spoke about a man who bought land, and developed it by planting trees or digging a well etc., and then someone came, and seeing that he had a right in the land, wanted to take possession of it by pre-emption. Malik said "He has no right of preemption unless he compensates the other for his expenditure. If he gives him the price of what he has developed, he is entitled to pre-emption . If not, he has no right in it."
Malik said that someone who sold off his portion of a shared house or land and then, on learning that some one with a right of pre-emption was to take possession by that right, asked the buyer to revoke the sale, and he did so, did not have the right to do that. The pre-emptor has more right to the property for the price for which he sold it.
In the case of some one who bought along with a section of a shared house or land, an animal and goods (that were not shared), so that when any one demanded his right of pre-emption in the house or land he said, "Take what I have bought altogether, for I bought it altogether," Malik said, "The pre-emptor need only take possession of the house or land. Each thing the man bought is assessed according to its share of the lump sum the man paid. Then the pre-emptor takes possession of his right for a price which is appropriate on that basis. He does not take any animals or goods unless he wants to do that."
Malik said, "If someone sells a section of shared land, and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre-emption, the one who refuses to surrender has to take all the preemption, and he cannot take according to his right and leave what remains.
In the case where one of a number of partners in one house sold his share when all his partners were away except for one man, the one present was given the choice of either taking the pre-emption or leaving it, and he said, 'I will take my portion and leave the portions of my partners until they are present. If they take it, that is that. If they leave it, I will take all the pre-emption,' Malik said, 'He can only take it all or leave it. If his partners come, they can take from him or leave it as they wish. If this is offered to him and he does not accept, I think that he has no pre-emption.' "
Al-Muwatta Hadith Hadith 41.19a
What has No Hadd for It
Malik said, "The best of what is heard about a slave-girl whom a man has intercourse with while he has a partner in her is that the hadd is not inflicted on him and the child is connected to him. When the slave-girl becomes pregnant, her value is estimated and he gives his partners their shares of the price and the slave-girl is his. That is what is done among us."
Malik said about a man who made his slave-girl halal to a man that if the one for whom she was made halal had intercourse with her, her value was estimated on the day he had intercourse with her and he owed that to her owner whether or not she conceived. The hadd was averted from him by that. If she conceived the child was connected to him.
Malik said about a man who had intercourse with his son's or daughter's slave-girl, "The hadd is averted from him and he owes the estimated value of the slave-girl whether or not she conceives."
Al-Muwatta Hadith
Hadith 44.2d
Swearing for Blood-Revenge in Cases Involving Slaves
Yahya said that Malik said, "What is done in our community about slaves is that when a slave is struck intentionally or accidentally and the master brings a witness, he swears with his witness one oath and then he has the value of the slave. There is no swearing for revenge in slaves, accidentally or intentionally, and I have not heard any of the people of knowledge say that there was."
Malik said, "If a slave is killed intentionally or accidentally, the master of the slave who is slain has no swearing or oath. The master cannot demand his right except with a fair proof or a witness if he swears with one witness."
Yahya said that Malik said, "This is the best of what I have heard on the matter.''
Al-Muwatta Hadith
Hadith 29.50
The Divorce of the Slave
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "When the slave divorces his wife twice, she is haram for him until she has married another husband, whether she is free or a slave. The idda of a free woman is three menstrual periods, and the idda of a slave-girl is two periods.
Al-Muwatta Hadith
Hadith 31.3
Built-In Liability Agreements
Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm that Aban ibn Uthman and Hisham ibn Ismail used to mention in their khutbas built-in liability agreements in the sale of slaves, to cover both a three day period and a similar clause covering a year. Malik explained, "The defects a lave or slave-girl are found to have from the time they are bought until the end of the three days are the responsibility of the seller. The year agreement is to cover insanity, leprosy, and loss of limbs due to disease. After a year, the seller is free from any liability."
Malik said,"An inheritor or someone else who sells a slave or slave-girl without any such built-in guarantee is not responsible for any fault in the slave and there is no liability agreement held against him unless he was aware of a fault and concealed it. If he was aware of a fault, the lack of guarantee does not protect him. The purchase is returned. In our view, built-in liability agreements only apply to the purchase of slaves."
Al-Muwatta Hadith
Hadith 37.7
General Chapter on Making Judgement and Shying Away From It
Malik related to me from Yahya ibn Said that Abu'd-Darda wrote to Salman al-Farsi, "Come immediately to the holy land." Salman wrote back to him, "Land does not make anyone holy. Man's deeds make him holy. I have heard that you were put up as a doctor to treat and cure people. If you are innocent, then may you have delight! If you are a quack, then beware lest you kill a man and enter the Fire!" When Abu'd-Darda judged between two men, and they turned from him to go, he would look at them and say, "Come back to me, and tell me your story again. A quack! By Allah!"
Yahya said that he heard Malik say, "If someone makes use of a slave, without permission of its master, in anything important to him, whose like has a fee, he is liable for what befalls the slave if anything befalls him. If the slave is safe and his master asks for his wage for what he has done, that is the master's right. This is what is done in our community."
Yahya said that he heard Malik say about a slave who is part free and part enslaved, "His property is suspended in his hand and he cannot begin anything with it. He eats from it and clothes himself in an approved fashion. If he dies, his property belongs to the one to whom he is in slavery."
Yahya said that he heard Malik say, "The way of doing things in our community is that a parent can take his child to account for what he spends on him from the day the child has property, cash or goods, if the parent wants that."
Sahih Al-Bukhari HadithHadith 8.841 Narrated byAbu Huraira
I heard Abu-l-Qasim (the Prophet) saying, "If somebody slanders his slave and the slave is free from what he says, he will be flogged on the Day of Resurrection unless the slave is really as he has described him."
Al-Muwatta Hadith
Hadith 2.90
Ghusl for Major Ritual Impurity
Yahya related to me from Malik from Nafi that the slave girls of Abdullah ibn Umar used to wash his feet and bring him a mat of palm leaves while they were menstruating.
Malik was asked whether a man who had women and slavegirlscould have intercourse with all of them before he did ghusl. He said, "There is no harm in a man having intercourse with two of his slave girls before he does ghusl. It is disapproved of, however, to go to a freewoman on another's day. There is no harm in making love first to one slave girl and then to another when one is junub."
Malik was asked about a man who was junub and water was put down for him to do ghusl with.Then he forgot and put his finger into it to find out whether it was hot or cold. Malik said, "If no filth has soiled his fingers, I do not consider that that makes the water impure."
Al-Muwatta Hadith
Hadith 28.38
Prohibition against Intercourse with a Slave-Girl who Belonged to One's Father
Yahya related to me from Malik from Ibrahim ibn Abi Abla from Abd al-Malik ibn Marwan that he gave a slave-girl to a friend of his, and later asked him about her. He said, "I intended to give her to my son to do such-and-such with her." Abd al-Malik said, "Marwan was more scrupulous than you. He gave a slave-girl to his son, and then he said, 'Do not go near her, for I have seen her leg uncovered .' "
Al-Muwatta Hadith
Hadith 29.26
The Option (of Slave-Girls Married to Slaves when Freed)
ahya related to me from Malik from Nafi that Abdullah ibn Umar said that a female slave who was the wife of a slave and then was set free, had the right of choice as long as he did not have intercourse with her.
Malik said, "If her husband has intercourse with her and she claims that she did not know, she still has the right of choice. If she is suspect and one does not believe her claim of ignorance, then she has no choice after he has had intercourse with her."
Al-Muwatta Hadith
Hadith 29.100
Coitus Interruptus
Yahya related to me from Malik from Humayd ibn Qays al-Makki that a man called Dhafif said that Ibn Abbas was asked about coitus interruptus. He called a slave-girl of his and said, "Tell them." She was embarrassed. He said, "It is alright, and I do it myself."
Malik said, "A man does not practise coitus interruptus with a free woman unless she gives her permission. There is no harm in practising coitus interruptus with a slave-girl without her permission. Someone who has someone else's slave-girl as a wife, does not practise coitus interruptus with her unless her people give him permission."
Al-Muwatta Hadith Hadith 41.17
The Hadd for Slander, Denial and Insinuation
Malik related to me from Abu'z-Zinad that he said, ''Umar ibn Abd al-Aziz flogged a slave with eighty lashes for slander."
Abu'z-Zinad said, "I asked Abdullah ibn Amir ibn Rabia about that. He said, 'I saw Umar ibn al-Khattab, Uthman ibn Affan, the Khalifs, and so on, and I did not see any of them flog a slave more than forty lashes for slander.' "
Al-Muwatta Hadith Hadith 58.12
Refraining from Asking
Yahya related that Malik heard al-Ala ibn Abd ar-Rahman say, "Sadaqa does not decrease property, and Allah only increases a slave in worth for his restraint, and no slave is humble but that Allah raises him."
Malik said, "I do not know whether this hadith goes back to the Prophet, may Allah bless him and grant him peace, or not."
Al-Tirmidhi HadithHadith 3321 Narrated byAbdullah ibn Amr ibn al-'As
The Prophet (peace be upon him) said, "There are four types of women with whom there can be no cursing: a Christian woman married to a Muslim, a Jewess married to a Muslim, a free woman married to a slave, and a slave woman married to a freeman."
Ibn Majah transmitted it.
Al-Muwatta Hadith Hadith 28.40 Muhsanat
Yahya related to me from Malik from Ibn Shihab, and he had heard from al-Qasim ibn Muhammad that they said, "When a free man marries a slave-girl and consummates the marriage, she makes him muhsan."
Malik said, "All (of the people of knowledge) I have seen said that a slave-girl makes a free man muhsan when he marries her and consummates the marriage."
Malik said, "A slave makes a free woman muhsana when he consummates a marriage with her and a free woman only makes a slave muhsan when he is freed and he is her husband and has had sexual relations with her after he has been set free. If he parts from her before he is free, he is not a muhsan unless he marries her after having been set free and he consummates the marriage."
Malik said, "When a slave-girl is married to a free man and then he separates from her before she is set free, his marriage to her does not make her muhsana. She is not muhsana until she has married after she has been set free and she has had intercourse with her husband. That gives her ihsan. If she is the wife of a freeman and then she is set free while she is his wife before he separates from her, the man makes her muhsana if he has intercourse with her after she has been set free."
Malik said, "The christian and jewish free women and the muslim slave-girl all make a muslim free man muhsan when he marries one of them and has intercourse with her."
Al-Muwatta Hadith Hadith 2.90 Ghusl for Major Ritual Impurity
Yahya related to me from Malik from Nafi that the slave girls of Abdullah ibn Umar used to wash his feet and bring him a mat of palm leaves while they were menstruating.
Malik was asked whether a man who had women and slavegirlscould have intercourse with all of them before he did ghusl. He said, "There is no harm in a man having intercourse with two of his slave girls before he does ghusl. It is disapproved of, however, to go to a freewoman on another's day. There is no harm in making love first to one slave girl and then to another when one is junub."
Malik was asked about a man who was junub and water was put down for him to do ghusl with.Then he forgot and put his finger into it to find out whether it was hot or cold. Malik said, "If no filth has soiled his fingers, I do not consider that that makes the water impure."
Al-Muwatta Hadith Hadith 43.3
The Blood-Money for Murder, When Accepted and the Criminal Act of the Insane
Yahya related to me from Malik from Yahya ibn Said that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan that a madman was brought to him who had killed a man. Muawiya wrote to him, "Tie him up and do not inflict any retaliation on him. There is no retaliation against a madman."
Malik said about an adult and a child when they murder a man together, "The adult is killed and the child pays half the full blood-money."
Malik said, "It is like that with a freeman and a slave when they murder a slave. The slave is killed and the freeman pays half of his value."
Sunan of Abu-DawoodHadith 3277 Narrated byAsh-Sharid ibn Suwayd ath-Thaqafi
Sharid's mother left a will to emancipate a believing slave on her behalf. So he came to the Prophet (peace be upon him) and said: Apostle of Allah, my mother left a will that I should emancipate a believing slave for her, and I have a black Nubian slave-girl. He mentioned a tradition about the test of the girl.
Sahih Muslim HadithHadith 3901 Narrated byJabir ibn Abdullah
There came a slave and pledged allegiance to Allah's Apostle (peace be upon him) on migration; he (the Prophet) did not know that he was a slave. Then there came his master and demanded him back, whereupon Allah's Apostle (peace be upon him) said: Sell him to me. And he bought him for two black slaves, and he did not afterwards take allegiance from anyone until he had asked him whether he was a slave (or a free man).
Al-Muwatta Hadith Hadith 41.33
Things for Which the Hand is Not Cut Off
Yahya related to me from Malik from Ibn Shihab from as-Sa'ib ibn Yazid that Abdullah ibn Amr ibn al-Hadrami brought a slave of his to Umar ibn al-Khattab and said to him, "Cut off the hand of this slave of mine. He has stolen." Umar said to him, "What did he steal?" He said, "He stole a mirror belonging to my wife. Its value was sixty dirhams." Umar said, "Let him go. His hand is not to be cut off. He is your servant who has stolen your belongings."
Sahih Al-Bukhari HadithHadith 8.509 Narrated byAbu Huraira
Allah's Apostle said, "Allah said, 'I will declare war against him who shows hostility to a pious worshipper of Mine. And the most beloved things with which My slave comes nearer to Me, is what I have enjoined upon him; and My slave keeps on coming closer to Me through performing Nawafil (praying or doing extra deeds besides what is obligatory) till I love him, so I become his sense of hearing with which he hears, and his sense of sight with which he sees, and his hand with which he grips, and his leg with which he walks; and if he asks Me, I will give him, and if he asks My protection (Refuge), I will protect him; (i.e. give him My Refuge) and I do not hesitate to do anything as I hesitate to take the soul of the believer, for he hates death, and I hate to disappoint him."
Sunan of Abu-DawoodHadith 4094 Narrated byAnas ibn Malik
The Prophet (peace be upon him) brought Fatimah a slave which he donated to her. Fatimah wore a garment which, when she covered her head, did not reach her feet, and when she covered her feet by it, that garment did not reach her head. When the Prophet (peace be upon him) saw her struggle, he said: There is no harm to you: Here is only your father and slave.
Sunan of Abu-DawoodHadith 4457 Narrated bySome Companions
AbuUmamah ibn Sahl ibn Hunayf said that some companions of the Apostle of Allah (peace be upon him) told that one of their men suffered so much from some illness that he pined away until he was skin and bone (i.e. only a skeleton). A slave-girl of someone visited him, and he was cheered by her and had unlawful intercourse with her. When his people came to visit the patient, he told them about it. He said: Ask the Apostle of Allah (peace be upon him) about the legal verdict for me, for I have had unlawful intercourse with a slave-girl who visited me. So they mentioned it to the Apostle of Allah (peace be upon him) saying: We have never seen anyone (so weak) from illness as he is. If we bring him to you, his bones will disintegrate. He is only skin and bone. So the Apostle of Allah (peace be upon him) commanded them to take one hundred twigs and strike him once.
Sahih Al-Bukhari HadithHadith 3.701 Narrated byIbn Umar
The Prophet said, "He who manumits his share of a slave and has money sufficient to free the remaining portion of that slave's price (justly estimated) then he should manumit him (by giving the rest of his price to the other co-owners)." Nafi' added, "Otherwise the slave is partially free." Aiyub is not sure whether the last statement was said by Nafi' or it was a part of the Hadith.
Sahih Al-Bukhari HadithHadith 3.728 Narrated byAbu Huraira
The Prophet said, "You should not say, 'Feed your lord (Rabbaka), help your lord in performing ablution, or give water to your lord', but should say, 'my master (e.g. Feed your master instead of lord etc.), (Saiyidi), or my guardian (Maulai),' and one should not say, 'my slave (Abdi), or my girl-slave (Amati),' but should say, 'my lad (Fatai), my lass (Fatati),' and 'my boy (Ghulami).' "
Sahih Al-Bukhari HadithHadith 7.132 Narrated byAbdullah bin Zama
The Prophet said, "None of you should flog his wife as he flogs a slave and then have sexual intercourse with her in the last part of the day."
Sahih Al-Bukhari HadithHadith 3.731 Narrated byAbu Huraira and Zaid bin Khalid
The Prophet said, "If a slave-girl (Ama) commits illegal sexual intercourse, scourge her; if she does it again, scourge her again; if she repeats it, scourge her again." The narrator added that on the third or the fourth offense, the Prophet said, "Sell her even for a hair rope."
Sahih Al-Bukhari HadithHadith 7.206 Narrated byIbn Abbas
Barira's husband was a slave called Mughith, as if I am seeing him now, going behind Barira and weeping with his tears flowing down his beard. The Prophet said to 'Abbas, "O 'Abbas! are you not astonished at the love of Mughith for Barira and the hatred of Barira for Mughith?" The Prophet then said to Barira, "Why don't you return to him?" She said, "O Allah's Apostle! Do you order me to do so?" He said, "No, I only intercede for him." She said, "I am not in need of him."
Sunan of Abu-DawoodHadith 2228 Narrated byAisha, Ummul Mu'minin
Barirah was emancipated, and she was the wife of Mughith, a slave of Aal AbuAhmad. The Apostle of Allah (peace be upon him) gave her choice, and said to her: If he has intercourse with you, then there is no choice for you.
Sahih Al-Bukhari HadithHadith 3.412 Narrated byAnas bin Malik
Abu Taiba cupped Allah's Apostle and so Allah's Apostle ordered that a Sa of dates be paid to him and ordered his masters (for he was a slave) to reduce his tax.
Sahih Muslim HadithHadith 4528 Narrated byUmm al-Husayn al-Ahmasiyyah
It has been narrated on the authority of Yahya ibn Husayn who learnt the tradition from his grandmother. She said that she heard the Prophet (peace be upon him) delivering his sermon on the occasion of the last Pilgrimage. He was saying: If a slave is appointed over you and he conducts your affairs according to the Book of Allah, you should listen to him and obey (his orders).
Sahih Al-Bukhari HadithHadith 2.445 Narrated byThabit bin Ad Dahhak
The Prophet (p.b.u.h) said, "Whoever intentionally swears falsely by a religion other than Islam, then he is what he has said, (e.g. if he says, 'If such thing is not true then I am a Jew,' he is really a Jew). And whoever commits suicide with piece of iron will be punished with the same piece of iron in the Hell Fire." Narrated Jundab the Prophet said, "A man was inflicted with wounds and he committed suicide, and so Allah said: My slave has caused death on himself hurriedly, so I forbid Paradise for him."
Al-Tirmidhi HadithHadith 3394 Narrated byAbdullah ibn Abbas
The Prophet (peace be upon him) said, "When a man's slave woman bears him a child she becomes free at his death."
Darimi transmitted it.
Sunan of Abu-DawoodHadith 2690 Narrated byAli ibn AbuTalib
Ali separated between a slave-girl and her child. The Prophet (peace be upon him) prohibited it and made the sale transactions withdrawn.
Sunan of Abu-DawoodHadith 2073 Narrated byJabir ibn Abdullah
The Prophet (peace be upon him) said: If any slave marries without the permission of his masters, he is a fornicator.
Sunan of Abu-DawoodHadith 3917 Narrated byUmm Salamah, Ummul Mu'minin
The Apostle of Allah (peace be upon him) said to us: If one of you has a slave, and he enters into an agreement to purchase his freedom, and can pay the full price, she must veil herself from him.
Al-Tirmidhi HadithHadith 3089 Narrated byAbuHurayrah
Allah's Messenger (peace be upon him) said, "There are three whom it is right for Allah to help: the slave whose master has agreed to let him buy his freedom when he wishes to pay the sum, the one who marries desiring to live a chaste life, and the one who fights in Allah's path."
Tirmidhi, Nasa'i and Ibn Majah transmitted it.
Sunan of Abu-DawoodHadith 2304 Narrated byJabir ibn Abdullah
Musaykah, a slave-girl of some Ansari, came and said: My master forces me to commit fornication. Thereupon the following verse was revealed: "But force not your maids to prostitution (when they desire chastity)."
Sunan of Abu-DawoodHadith 4395 Narrated byAbuDharr
The Apostle of Allah (peace be upon him) said to me: O AbuDharr: I replied: At your service and at your pleasure, Apostle of Allah! He said: how will you do when death smites people, and a house, meaning a grave, will cost as much as a slave. I said: Allah and His Apostle know best, or he said: What Allah and His Apostle choose for me. He said: Show endurance, or he said: You may show endurance.
Al-Tirmidhi HadithHadith 2439 Narrated byAli ibn AbuTalib
Ali told of a slave who had made a contract with his master to pay for his freedom, coming to him and saying, "I am unable to fulfil my contract, so give me help." He suggested teaching him words he had been taught by Allah's Messenger (peace be upon him) which would be so effective that if he had a debt as large as a huge mountain Allah would pay it for him, telling him to say, "O Allah, grant me enough of what Thou makest lawful so that I may dispense with what Thou makest unlawful, and make me able by Thy grace to dispense with all but Thee."
Tirmidhi and Bayhaqi, in [Kitab] ad-Da'wah al-Kabir, transmitted it.
Sahih Al-Bukhari HadithHadith 6.361 Narrated byAisha
The Prophet used to offer prayer at night (for such a long time) that his feet used to crack. I said, "O Allah's Apostle! Why do you do it since Allah has forgiven you your faults of the past and those to follow?" He said, "Shouldn't I love to be a thankful slave (of Allah)?" When he became old, he prayed while sitting, but if he wanted to perform a bowing, he would get up, recite (some other verses) and then perform the bowing.
Sahih Al-Bukhari HadithHadith 9.628 Narrated byAbu Huraira
Perhaps the Prophet mentioned the following (as Allah's Saying): "If My slave comes nearer to Me for a span, I go nearer to him for a cubit; and if he comes nearer to Me for a cubit; I go nearer to him for the span of outstretched arms." (See Hadith No. 502)
Sahih Muslim HadithHadith 2977 Narrated byUmm al-Husayn
I performed Hajj along with Allah's Messenger (peace be upon him) on the occasion of the Farewell Pilgrimage and saw him when he flung pebbles at Jamrat al-Aqabah and returned while he was riding the camel, and Bilal and Usamah were with him. One of them was leading his camel, while the other was raising his cloth over the head of Allah's Messenger (peace be upon him) to protect him from the sun. She (further) said: Allah's Messenger (peace be upon him) said so many things, and I heard him saying: If a slave having some limb of his missing and having dark complexion is appointed to govern you according to the Book of Allah the Exalted, listen to him and obey him.
Sahih Al-Bukhari HadithHadith 7.137 Narrated byAbu Said Al Khudri
We got female captives in the war booty and we used to do coitus interruptus with them. So we asked Allah's Apostle about it and he said, "Do you really do that?" repeating the question thrice, "There is no soul that is destined to exist but will come into existence, till the Day of Resurrection."
Sahih Al-Bukhari HadithHadith 5.448 Narrated byAisha
Sad was wounded on the day of Khandaq (i.e. Trench) when a man from Quraish, called Hibban bin Al-'Araqa hit him (with an arrow). The man was Hibban bin Qais from (the tribe of) Bani Mais bin 'Amir bin Lu'ai who shot an arrow at Sad's medial arm vein (or main artery of the arm). The Prophet pitched a tent (for Sad) in the mosque so that he might be near to the Prophet to visit. When the Prophet returned from the (battle) of Al-Khandaq (i.e. Trench) and laid down his arms and took a bath Gabriel came to him while he (i.e. Gabriel) was shaking the dust off his head, and said, "You have laid down the arms?" By Allah, I have not laid them down. Go out to them (to attack them)." The Prophet said, "Where?" Gabriel pointed towards Bani Quraiza. So Allah's Apostle went to them (i.e. Banu Quraiza) (i.e. besieged them). They then surrendered to the Prophet's judgment but he directed them to Sad to give his verdict concerning them. Sad said, "I give my judgment that their warriors should be killed, their women and children should be taken as captives, and their properties distributed."
Narrated Hisham: My father informed me that 'Aisha said, "Sad said, 'O Allah! You know that there is nothing more beloved to me than to fight in Your Cause against those who disbelieved Your Apostle and turned him out (of Mecca). O Allah! I think you have put to an end the fight between us and them (i.e. Quraish infidels). And if there still remains any fight with the Quraish (infidels), then keep me alive till I fight against them for Your Sake. But if you have brought the war to an end, then let this wound burst and cause my death thereby.' So blood gushed from the wound. There was a tent in the mosque belonging to Banu Ghifar who were surprised by the blood flowing towards them . They said, 'O people of the tent! What is this thing which is coming to us from your side?' Behold! Blood was flowing profusely out of Sad's wound. Sad then died because of that."
Sahih Al-Bukhari HadithHadith 3.757 Narrated byAl Miswar bin Makhrama and Marwan
When the delegates of the tribe of Hawazin came to the Prophet he stood up amongst the people, glorified and praised Allah as He deserved, and said, "Then after: Your brethren have come to you with repentance and I see it logical to return to them their captives; so whoever amongst you likes to do that as a favor, then he can do it, and whoever of you like to stick to his share till we give him his right from the very first Fai (war booty) (1) which Allah will bestow on us, then (he can do so)." The people replied, "We do that (to return the captives) willingly as a favor for your sake."
Sahih Al-Bukhari HadithHadith 4.372 Narrated byNafi
'Umar bin Al-Khattab said, "O Allah's Apostle! I vowed to observe Itikaf for one day during the pre-Islamic period." The Prophet ordered him to fulfill his vow. 'Umar gained two lady captives from the war prisoners of Hunain and he left them in some of the houses at Mecca. When Allah's Apostle freed the captives of Hunain without ransom, they came out walking in the streets. 'Umar said (to his son), "O Abdullah! See what is the matter." 'Abdullah replied, "Allah's Apostle has freed the captives without ransom." He said (to him), "Go and set free those two slave girls." (Nafi added:) Allah's Apostle did not perform the 'Umra from Al-Jarana, and if he had performed the 'Umra, it would not have been hidden from 'Abdullah.
Sahih Al-Bukhari HadithHadith 5.55 Narrated byAli
Fatima complained of the suffering Caused to her by the hand mill. Some captives were brought to the Prophet, she came to him but did not find him at home. 'Aisha was present there to whom she told (of her desire for a servant). When the Prophet came, 'Aisha informed him about Fatima's visit. 'Ali added "So the Prophet came to us, while we had gone to our bed. I wanted to get up but the Prophet said, "Remain at your place." Then he sat down between us till I found the coolness of his feet on my chest. Then he said, "Shall I teach you a thing which is better than what you have asked me? When you go to bed, say, 'Allahu-Akbar' thirty-four times, and 'Subhan Allah thirty-three times, and 'Alhamdu-lillah thirty-three times, for that is better for you both than a servant."
Sahih Al-Bukhari HadithHadith 9.321 Narrated byAisha
The Prophet used to take the Pledge of allegiance from the women by words only after reciting this Holy Verse: (60.12) "..that they will not associate anything in worship with Allah." (60.12) And the hand of Allah's Apostle did not touch any woman's hand except the hand of that woman his right hand possessed. (i.e. his captives or his lady slaves).
Al-Tirmidhi HadithHadith 3373 Narrated byAbdullah ibn Mas'ud
When captives were brought to the Prophet (peace be upon him) he gave away families together through dislike of separating them.
Ibn Majah transmitted it.
Sunan of Abu-DawoodHadith 2779 Narrated byA man from the Companions of the Prophet
Ubaydullah ibn Salman reported on the authority of a man from the Companions of the Prophet (peace be upon him): When we conquered Khaybar, they (the people) took out their spoils which contained equipment and captives. The people began to buy and sell their spoils. When the Apostle of Allah (peace be upon him) prayed, a man came to him and said: Apostle of Allah, I have gained today so much so that no one gained from this valley. He asked: Woe unto you, how much did you gain? He replied: I kept on selling and buying until I gained three hundred uqiyahs. The Apostle of Allah (peace be upon him) said: I tell you a man who gained better than you. He asked: What is that, Apostle of Allah? He replied! Two rak'ahs (of supererogatory prayer) after the (obligatory) prayer.
Sahih Al-Bukhari HadithHadith 5.447 Narrated byAbu Said Al Khudri
The people of (Banu) Quraiza agreed to accept the verdict of Sad bin Mu'adh. So the Prophet sent for Sad, and the latter came (riding) a donkey and when he approached the mosque, the Prophet said to the Ansar, "Get up for your chief or for the best among you." Then the Prophet said (to Sad), "These (i.e. Banu Quraiza) have agreed to accept your verdict." Sad said, "Kill their (men) warriors and take their offspring as captives, "On that the Prophet said, "You have judged according to Allah's Judgment," or said, "according to the King's judgment."
Sahih Muslim HadithHadith 3432 Narrated byAbuSa'id al-Khudri
At the Battle of Hunayn Allah's Messenger (peace be upon him) sent an army to Awtas and encountered the enemy and fought with them. Having overcome them and taken them captives, the Companions of Allah's Messenger (peace be upon him) seemed to refrain from having intercourse with captive women because of their husbands being polytheists. Then Allah, Most High, sent down regarding that: "And women already married, except those whom your right hand possess (iv.24)" (i.e. they were lawful for them when their Iddah period came to an end).
Sahih Al-Bukhari HadithHadith 9.215 Narrated bySaid bin Jubair
'Abdullah bin 'Umar came to us and we hoped that he would narrate to us a good Hadith. But before we asked him, a man got up and said to him, "O Abu 'Abdur-Rahman! Narrate to us about the battles during the time of the afflictions, as Allah says:
'And fight them until there is no more afflictions (i.e. no more worshipping of others besides Allah).( (2.193) Ibn 'Umar said (to the man), "Do you know what is meant by afflictions? Let your mother bereave you! Muhammad used to fight against the pagans, for a Muslim was put to trial in his religion (The pagans will either kill him or chain him as a captive). His fighting was not like your fighting which is carried on for the sake of ruling."
Sahih Muslim HadithHadith 3432 Narrated byAbuSa'id al-Khudri
At the Battle of Hunayn Allah's Messenger (peace be upon him) sent an army to Awtas and encountered the enemy and fought with them. Having overcome them and taken them captives, the Companions of Allah's Messenger (peace be upon him) seemed to refrain from having intercourse with captive women because of their husbands being polytheists. Then Allah, Most High, sent down regarding that: "And women already married, except those whom your right hand possess (iv.24)" (i.e. they were lawful for them when their Iddah period came to an end).
[TAKING PRISONERS OF WAR AND MAKING THEM SLAVES IS NOT PRIORITY ,IT IS ONLY ALLOWED WHEN 1-MUSLIMS SUFFERED HEAVY LOSSES AND TO REBUILD THE INFRACTURE THEY NEED WORK OF MORE INDIVIDUALS,THIS CAN BE DONE BY TAKING PRISONERS,2-THE UNBELIEVES SUFFERED HEAVY LOSSES AND THEY CANNOT LIVE IN THAT LAND WITH EASE SO THEY'RE TAKEN AS PRISONERS,MEANWHILE THEY THEMSELVES CONTRIBUTE IN THE RECONSTRUCTION]
8:70 O apostle! say to those who are captives in your hands: "If Allah findeth any good in your hearts He will give you something better than what has been taken from you and He will forgive you: for Allah is Oft-Forgiving Most Merciful."
71 But if they have treacherous designs against thee (o apostle!) they have already been in treason against Allah and so hath He given (thee) power over them and Allah is He who hath (full) knowledge and wisdom.
Al-Muwatta Hadith
Hadith 36.53
Sadaqa of the Living for the Dead
Malik related to me from Hisham ibn Urwa from his father from A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that a man said to the Messenger of Allah, may Allah bless him and grant him peace, "My mother died suddenly, and I think that had she spoken, she would have given sadaqa. Shall I give sadaqa for her?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Yes."
Sahih Al-Bukhari HadithHadith 1.455 Narrated byAbu Said Al Khudri
The Prophet delivered a sermon and said, "Allah gave a choice to one of (His) slaves either to choose this world or what is with Him in the Hereafter. He chose the latter." Abu Bakr wept. I said to myself, "Why is this Sheikh weeping, if Allah gave choice to one (of His) slaves either to choose this world or what is with Him in the Here after and he chose the latter?" And that slave was Allah's Apostle himself. Abu Bakr knew more than us. The Prophet said, "O Abu Bakr! Don't weep. The Prophet added: Abu- Bakr has favored me much with his property and company. If I were to take a Khalil from mankind I would certainly have taken Abu Bakr but the Islamic brotherhood and friendship is sufficient. Close all the gates in the mosque except that of Abu Bakr.
Sahih Al-Bukhari HadithHadith 9.525A Narrated byAbu Huraira
Allah's Apostle said, )A group of) angels stay with you at night and (another group of) angels by daytime, and both groups gather at the time of the 'Asr and Fajr prayers. Then those angels who have stayed with you overnight, ascend (to Heaven) and Allah asks them (about you)--and He knows everything about you. 'In what state did you leave My slaves?' The angels reply, 'When we left them, they were praying, and when we reached them they were praying.' "
Sahih Al-Bukhari HadithHadith 1.588 Narrated byJabir bin Abdullah
Allah's Apostle said, "Whoever after listening to the Adhan says, 'Allahumma Rabba hadhihi-d-da' watit-tammati was-salatil qa'imati, ati Muhammadan al-wasilata wal-fadilata, wab' athhu maqaman mahmudan-il-ladhi wa' adtahu (O Allah! Lord of this perfect call (of not ascribing partners to You) and of the regular prayer which is going to be established! Kindly give Muhammad the right of intercession and superiority and send him (on the Day of Judgment) to the best and the highest place in Paradise which You promised him)', then intercession for me will be permitted for him on the Day of Resurrection)."
Sahih Muslim HadithHadith 397 Narrated byAbdullah ibn Amr ibn al-'As
Verily the Apostle of Allah (peace be upon him) recited the words of Allah, the Great and Glorious, that Ibrahim uttered: My Lord! Lo! they have led many of mankind astray: "But whoso followeth me, he verily is of me" (al-Qur'an, xiv.35), and Jesus (peace be upon him) said: "If thou punisheth them, lo! they are Thy slaves, and if Thou forgiveth them--verily Thou art the Mighty, the Wise" (al-Qur'an, v.117). Then he raised his hands and said: O Lord, my Ummah, my Ummah, and wept. So Allah, the High and the Exalted, said: O Gabriel, go to Muhammad (though your Lord knows it fully well) and ask him: what makes thee weep? So Gabriel (p.) came to him and asked him, and the Messenger of Allah (peace be upon him) informed him of what he had said (though Allah knew it fully well). Upon this Allah said: O Gabriel, go to Muhammad and say: Verily We shall please thee with regard to your Ummah and shall not displease thee.
Al-Muwatta Hadith Hadith 38.14
Freeing the Living for the Dead
Malik related to me that Yahya ibn Said said, ''Abd ar-Rahman ibn Abi Bakr died in his sleep, and A'isha, the wife of the Prophet, may Allah bless him and grant him peace, set free many slaves for him." Malik said, "This is what I like best of what I have heard on the subject."
Sahih Al-Bukhari HadithHadith 4.514 Narrated byAbu Huraira
Allah's Apostle said, "If one says one-hundred times in one day: "None has the right to be worshipped but Allah, the Alone Who has no partners, to Him belongs Dominion and to Him belong all the Praises, and He has power over all things (i.e. Omnipotent)", one will get the reward of manumitting ten slaves, and one-hundred good deeds will be written in his account, and one-hundred bad deeds will be wiped off or erased from his account, and on that day he will be protected from the morning till evening from Satan, and nobody will be superior to him except one who has done more than that which he has done."
Sunan of Abu-DawoodHadith 4444 Narrated byAn-Nu'man ibn Bashir
The Prophet (peace be upon him) said: about a man who had (unlawful) intercourse with his wife's slave girl: If she made her lawful for him, he will be flogged one hundred lashes; if she did not make her lawful for him, I shall stone him.
Allah knows best.
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