Muwatta 1310

الموطأ 1310 — مالك في الذي يشتري حرا أو عبدا من أرض العدو في المفاداة أو التجارة: الحر دين عليه، والعبد يخير سيده الأول

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Summary

Malik was asked about a man who goes into enemy land for ransom or trade and buys a free person or a slave, or they are given to him. He said: as for the free person, what he paid for him is a debt on him, and he is not enslaved; if he was given to him, he is free and owes nothing, unless the man gave something in return, in which case it is a debt on the free person. As for the slave, his former master has a choice: if he wishes, he takes him and pays the buyer the price; and if he prefers to surrender him, he surrenders him. 1

Place in the museum

Belongs to the Muwatta, Book of Jihad. Source: the Muwatta. Built on in the chapters on jihad and booty (ghanima).

Connections

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Part of
Muwatta, Book of Jihad
Basis for
Jihad (struggle in the path of God)· Ghanima (spoils of war)

People and things also explored

Muwatta 1284· Muwatta 1292· Muwatta 1293· Muwatta 1296· Muwatta 1297· Muwatta 1299· Muwatta 1300· Muwatta 1301

Sources

  1. Muwatta, recension of Yahya ibn Yahya al-Laythi (ed. Bashar Awwad Ma'ruf) , p.584
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islam.museum contributors. “Muwatta 1310”. islam.museum, https://islam.museum/en/passage/muwatta-7-1310/. CC BY-SA 4.0. Last updated 2026-10-17.

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