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Summary
Malik said of a man who freed half of a slave while he was ill, and the manumission was made final for half of him, or for all of him, and he had conditionally freed another slave before that: the conditionally freed one is given priority over the one he freed while ill, because a man may not retract what he made conditional, nor countermand it with a matter that retracts it. When the conditionally freed slave is freed, what remains of the third goes to the one whose half he freed, until his manumission is completed in the third of the dead man's property. If the excess of the third does not reach that, a part of him equal to the excess is freed. 1
Place in the museum
Belongs to the Muwatta, Book of the Conditionally Freed Slave (mudabbar). Source: the Muwatta. Mentions Malik ibn Anas. Built on in the chapters on conditional freedom (tadbir).
Connections
- Part of
- Muwatta, Book of the mudabbar (manumission at death)
- Mentions
- Malik ibn Anas
- Basis for
- Tadbir (manumission effective after death)
People and things also explored
Muwatta 2348· Muwatta 2349· Muwatta 2350· Muwatta 2352· Muwatta 2353· Muwatta 2354· Muwatta 2355· Muwatta 2356
Sources
- Muwatta, recension of Yahya ibn Yahya al-Laythi (ed. Bashar Awwad Ma'ruf) , p.373
Cite this page
islam.museum contributors. “Muwatta 2361”. islam.museum, https://islam.museum/en/passage/muwatta-26-2361/. CC BY-SA 4.0. Last updated 2026-10-17.