Mishkat al-Masabih

Emancipation

كتاب العتق

Chapter 5: Emancipating a Slave who is jointly owned, buying a relative, and emancipating during an illness - Section 2

Mishkat al-Masabih 3401

‘Amr b. Shu'aib, on his father’s authority, told that his grandfather reported God's Messenger as saying, “If anyone has agreed to let his slave buy his freedom for a hundred uqiyas and he pays them all but ten (or he said, ten dinars), and he is then unable to complete the amount, he remains a slave.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it.

Mishkat al-Masabih 3402

Ibn ‘Abbas reported the Prophet as saying, “When a slave who has made an agreement to purchase his freedom gets blood-money or an inheritance, he can inherit in accordance with the extent to which he has been emancipated.” In a version by Tirmidhi he said, “Blood wit is paid for a slave who has made an agreement to purchase his freedom at the rate paid for a freeman so far as he has paid the purchase money, and at the rate paid for a slave so far as the remainder is concerned,” but he declared it to be weak.Abu Dawud and Tirmidhi transmitted it.

Chapter 6: Emancipating a Slave who is jointly owned, buying a relative, and emancipating during an illness - Section 3

Mishkat al-Masabih 3403

‘Abd ar-Rahman b. Abu ‘Amra al-Ansari told that his mother had intended to emancipate a slave, but she postponed it till the morning, and she died. ‘Abd ar-Rahman said he asked al-Qasim b. Muhammad whether it would benefit her if he emancipated the slave on her behalf, and al-Qasim told him that Sa'd b. ‘Ubada had gone to God’s Messenger saying his mother had died and asking whether it would benefit her if he set free a slave on her behalf, and that God’s Messenger had replied that it would. Malik transmitted it.

Mishkat al-Masabih 3404

Yahya b. Sa'id told that ‘Abd ar-Rahman b. Abu Bakr died in his sleep and that his sister ‘A’isha emancipated many slaves on his behalf. Malik transmitted it.

Mishkat al-Masabih 3405

‘Abdallah b. ‘Umar reported God's Messenger as saying, “If anyone buys a slave and makes no stipulation about his property, he gets none of it.” Darimi transmitted it.