Muwatta 2301

الموطأ 2301 — مالك: الكتابة الجماعية والحمالة بين المكاتبين

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Summary

Malik said: if people are contracted all together in one contract, and there is no kinship between them by which they inherit, some of them are guarantors for others, and none is freed before all of them pay the contract in full. If one of them dies leaving property greater than all that is owed by them, it is paid for them all, and the surplus of property belongs to their master, who pursues them for their remaining shares of the contract paid from the dead man's property. If the dead contract slave has a free child who was not born during the contract or contracted with it, he does not inherit from him, because the contract slave was not freed until he died. 1

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Part of
Muwatta, Book of the contract manumission (mukatab)
Mentions
Malik ibn Anas
Basis for
contractual manumission (kitaba, mukatab)

People and things also explored

Muwatta 2283· Muwatta 2284· Muwatta 2285· Muwatta 2286· Muwatta 2287· Muwatta 2288· Muwatta 2289· Muwatta 2290

Sources

  1. Muwatta, recension of Yahya ibn Yahya al-Laythi (ed. Bashar Awwad Ma'ruf) , p.348
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islam.museum contributors. “Muwatta 2301”. islam.museum, https://islam.museum/en/passage/muwatta-25-2301/. CC BY-SA 4.0. Last updated 2026-10-17.

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