Muwatta 2340

الموطأ 2340 — مالك: المكاتب الذي يعتقه سيده عند الموت يحسب من الثلث بقدر الكتابة

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Summary

Malik said: the best that has been heard about a contract slave whom his master frees at death: the contract slave is valued as he is in his condition, the price he would fetch if sold. If the value is less than what remains owed on the contract, that is placed in the dead man's third, and the number of dirhams still owed on him is not considered, because if he were killed his killer would owe only his value on the day he was killed, and if he were wounded his wounder would owe only the blood-money of his wound on the day he was wounded. If what remains owed on his contract is less than his value, only what remains of the contract is counted in the third, because the dead man left him only what remained owed on his contract, and it became a bequest. 1

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

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.364
Cite this page

islam.museum contributors. “Muwatta 2340”. islam.museum, https://islam.museum/en/passage/muwatta-25-2340/. CC BY-SA 4.0. Last updated 2026-10-17.

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