Muwatta 2356

الموطأ 2356 — مالك: ولد الأمة الموصى بعتقها غير المدبرة لا يعتق معها

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Summary

Malik said: every child a slave-woman bore who was bequeathed freedom but not made conditionally free, is not freed with her when she is freed, because her master may change his bequest if he wishes and retract it whenever he wishes, and her manumission was not established. This is like a man who said to his slave-girl: if so-and-so remains with me until I die, she is free. If she lives to see that, she is hers; if he wishes before that, he sells her and her child, because her child was not included in anything made for her. 1

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Part of
Muwatta, Book of the mudabbar (manumission at death)
Mentions
Malik ibn Anas
Basis for
Tadbir (manumission effective after death)· bequest (wasiyya)

People and things also explored

Muwatta 2348· Muwatta 2349· Muwatta 2350· Muwatta 2352· Muwatta 2353· Muwatta 2354· Muwatta 2355· Muwatta 2357

Sources

  1. Muwatta, recension of Yahya ibn Yahya al-Laythi (ed. Bashar Awwad Ma'ruf) , p.371
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islam.museum contributors. “Muwatta 2356”. islam.museum, https://islam.museum/en/passage/muwatta-26-2356/. CC BY-SA 4.0. Last updated 2026-10-17.

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