Muwatta 2335

الموطأ 2335 — مالك: ترك الدين من المكاتب ليس عتاقة، والولاء لمن عقد الكتابة

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Summary

Malik said of a contract slave owned by two men, one of whom leaves the contract slave what he is owed and the other refuses, then the contract slave dies leaving property: the one who did not leave him anything has what remains owed to him, and then they divide the property as it would be if the slave had died as a slave; because what he did is not manumission, but leaving what was owed to him. Malik argued this from the fact that the clientage of an inherited contract slave is not established for the one who freed his heirs' share, and that if it were manumission, clientage would be established for the one who freed; and from the fact that one who frees his share in a jointly held contract slave is not valued on the rest. He holds that the clientage belongs to the one who made the contract, and that his clientage belongs to the male children or agnatic kin of the contract slave's master, not the women. 1

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Part of
Muwatta, Book of the contract manumission (mukatab)
Mentions
Malik ibn Anas
Basis for
patronage (wala')

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.362
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islam.museum contributors. “Muwatta 2335”. islam.museum, https://islam.museum/en/passage/muwatta-25-2335/. CC BY-SA 4.0. Last updated 2026-10-17.

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