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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
Place in the museum
Belongs to the Muwatta, Book of the Contract of Manumission (mukatab). Source: the Muwatta. Mentions Malik ibn Anas. Built on in the chapters on clientage (wala).
Connections
- 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
- Muwatta, recension of Yahya ibn Yahya al-Laythi (ed. Bashar Awwad Ma'ruf) , p.362
Cite this page
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.