The Book of Makaatib

The sin of one who falsely accuses his slave of illegal sexual intercourse

Allah commands:

‏‏‏‏ وَالَّذِينَ يَبْتَغُونَ الْكِتَابَ مِمَّا مَلَكَتْ أَيْمَانُكُمْ ... وَآتُوهُمْ مِنْ مَالِ اللَّهِ الَّذِي آتَاكُمْ

And if any of your slaves ask for a deed in writing (to enable them to earn their freedom for a certain sum),

give them such a deed if ye know any good in them;

yea, give them something yourselves out of the means which Allah has given to you. (24:33)

Ruh bin Ubadah narrated to Ibn Jarih that I asked Ata bin Abi Rabah if I came to know that my slave has wealth and wants to become a scholar. So will it be obligatory for me to correspond with him?

He said that this is my opinion that (in such a situation the matter of writing) will become obligatory.

Amr bin Dinar narrated that I asked Ata, do you also narrate a tradition from someone in this regard?

He replied no.

(Then he remembered) and he informed me that Musa bin Anas informed him that Sirin (Ibn Sirin's father,) requested Anas to become a scholar. (These were slaves of Anas) who were also wealthy. But Anas refused, so Sirin came to the service of Umar. Umar  said to Anas that he should deal with in writings.

فَكَاتِبُوهُمْ إِنْ عَلِمْتُمْ فِيهِمْ خَيْرًا

give them such a deed if ye know any good in them;

Hadith # 2560

Narrated 'Aishah

Barira came to seek her help writing of emancipation and she had to pay five Uqiya (of gold) by five yearly installments.

'Aishah said to her, "Do you think that if I pay the whole sum at once, your masters will sell you to me, and I will free you and your Wala' will be for me."

Barira went to her masters and told them about that offer. They said that they would not agree to it unless her Wala' would be for them.

'Aishah further said, "I went to Allah's Messenger (ﷺ) and told him about it." Allah Messenger (ﷺ) said to her, "Buy Barira and manumit her and the Wala' will be for the liberator."

Allah's Messenger (ﷺ) then got up and said, "What about the people who stipulate conditions which are not present in Allah's Laws? Whoever imposes conditions which are not present in Allah's Laws, then those conditions will be invalid, even if he imposed these conditions a hundred times. Allah's conditions (Laws) are the truth and are more solid."

Writing of emancipations and conditions

Hadith # 2561

Narrated `Urwa:

That `Aisha told him that Barirah came to seek her help in her writing of emancipation (for a certain sum) and that time she had not paid anything of it. `Aisha said to her, "Go back to your masters, and if they agree that I will pay the amount of your writing of emancipation and get your Wala', I will do so."

Barirah informed her masters of that but they refused and said, "If she (i.e. `Aisha) is seeking Allah's reward, then she can do so, but your Wala' will be for us."

`Aisha mentioned that to Allah's Apostle who said to her, "Buy and manumit (free) her, as the Wala' is for the liberator."

Allah's Messenger (ﷺ) then got up and said, "What about the people who stipulate conditions which are not present in Allah's Laws? Whoever imposes conditions which are not present in Allah's Laws, then those conditions will be invalid, even if he imposed these conditions a hundred times. Allah's conditions (Laws) are the truth and are more solid."

Hadith # 2562

Narrated `Abdullah bin `Umar:

Aisha wanted to buy a slave-girl in order to manumit her. The girl's masters stipulated that her Wala' would be for them.

Allah's Messenger (ﷺ) said (to `Aisha), "What they stipulate should not stop you, for the Wala' is for the liberator."

Al-Mukatab is permitted to ask others to help him

Hadith # 2563

Narrated Aisha:

Barirah came (to `Aisha) and said, "I have made a contract of emancipation with my masters for nine Uqiyas (of gold) to be paid in yearly installments. Therefore, I seek your help."

`Aisha said, "If your masters agree, I will pay them the sum at once and free you on condition that your Wala' will be for me."

Barirah went to her masters but they refused that offer. She (came back) and said, "I presented to them the offer but they refused, unless the Wala' was for them."

Allah's Messenger (ﷺ) heard of that and asked me about it, and I told him about it. On that he said, "Buy and manumit her and stipulate that the Wala' should be for you, as Wala' is for the liberator."

`Aisha added, "Allah's Messenger (ﷺ) then got up amongst the people, Glorified and Praised Allah, and said,

'Then after: What about some people who impose conditions which are not present in Allah's Laws? So, any condition which is not present in Allah's Laws is invalid even if they were one-hundred conditions. Allah's ordinance is the truth, and Allah's condition is stronger and more solid. Why do some men from you say, O so-and-so! manumit the slave but the Wala will be for me? Verily, the Wala is for the liberator."

The selling of a Mukatab on his agreement

Hadith # 2564

Narrated `Amra bint `Abdur-Rahman:

Barirah went to Aisha, to seek her help in her emancipation Aisha said to her, "If your masters agree, I will pay them your price in a lump sum and manumit (free) you."

Barirah mentioned that offer to her masters but they refused to sell her unless the Wala' was for them.

`Aisha told Allah's Messenger (ﷺ) about it. He said, "Buy and manumit her as the Wala' is for the liberator."

If a Mukatab slave asks somebody to buy and free him

Hadith # 2565

Narrated `Abdul Wahid bin Aiman:

I went to `Aisha and said, "I was the slave of `Utba bin Abu Lahab. "Utba died and his sons became my masters who sold me to Ibn Abu `Amr who manumitted me. The sons of `Utba stipulated that my Wala' should be for them."

`Aisha said, "Barirah came to me and she was given the writing of emancipation by her masters and she asked me to buy and manumit her. I agreed to it, but Barirah told me that her masters would not sell her unless her Wala' was for them."

`Aisha said, "I am not in need of that." When the Prophet (ﷺ) heard that, or he was told about it, he asked `Aisha about it.

`Aisha mentioned what Barirah had told her.

Prophet (ﷺ) said, "Buy and manumit (free) her and let them stipulate whatever they like."

So, `Aisha bought and manumitted her and her masters stipulated that her Wala' should be for them."

The Prophet;, said, "The Wala' will be for the liberator even if they stipulated a hundred conditions."