Mishkat al-Masabih

Emancipation

كتاب العتق

Chapter 5

إعتاق العبد المشترك وشراء القريب والعتق في المرض - الفصل الثاني

Mishkat al-Masabih 3402
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Translation

Ibn Abbas reported from the Prophet that he said: ‘When a contracted slave incurs a fixed penalty or receives an inheritance, he inherits according to the proportion of himself that has been emancipated.’ In another version from al-Tirmidhi, he said: ‘The blood money for a contracted slave is paid at the rate for a free person in proportion to what he has paid, and at the rate for a slave for what remains.’ He graded it weak. [Third section.] Abu Dawud and al-Tirmidhi transmitted it.

Translation notes
  • The Arabic ends with a phrase meaning that the report was graded weak, followed by the fragment “third section”; this may be a section marker or source-text artifact, so it is retained in brackets.

Chapter 6

إعتاق العبد المشترك وشراء القريب والعتق في المرض - الفصل الثالث

Mishkat al-Masabih 3403
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Translation

Abd al-Rahman ibn Abi Amrah al-Ansari reported: His mother intended to emancipate a slave but postponed it until morning, and then she died. Abd al-Rahman said: I asked al-Qasim ibn Muhammad, ‘Would it benefit her if I emancipated a slave on her behalf?’ Al-Qasim said: Sa'd ibn Ubadah came to the Messenger of God and said, ‘My mother has died. Would it benefit her if I emancipated a slave on her behalf?’ The Messenger of God said, ‘Yes.’ Malik transmitted it.

Mishkat al-Masabih 3404
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Translation

Yahya ibn Sa'id reported: Abd al-Rahman ibn Abi Bakr died during a sleep he had taken, and his sister Aishah emancipated many slaves on his behalf. Malik transmitted it.

Mishkat al-Masabih 3405
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Translation

Abdullah ibn Umar reported that the Messenger of God said: ‘Whoever buys a slave without stipulating anything about the slave’s property has no claim to it.’ Al-Darimi transmitted it.