Muwatta 2314

الموطأ 2314 — مالك: المكاتب أحق بشراء كتابته إذا بيعت

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Summary

Malik said: the best that has been heard about a contract slave: when he is sold, he has the better claim to buy his contract from whoever bought it, if he is strong enough to pay the price in cash, because his buying himself is manumission, and manumission takes precedence over the bequests that accompany it. As for when a man sells part of his share in the slave he contracted, there is no pre-emption for the contract slave, because it becomes like a settlement, and he may not settle with part of those who contracted him except with his partners' permission. If they permit him, he has the better claim to what was sold. 1

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

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.354
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islam.museum contributors. “Muwatta 2314”. islam.museum, https://islam.museum/en/passage/muwatta-25-2314/. CC BY-SA 4.0. Last updated 2026-10-17.

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