Chapter 2 440. A slave who is told by his master that he will be free after his (the master's) death.
Issues related to al-Mudabbar (440), al-Mukatib (441) and Ummal-Walad (442)
441. A slave who makes an agreement with his master to pay him a certain amount of money in return for gaining his freedom.
442. This literary means the mother of a child. She is the slave woman, who gives birth to her master's children, who would be born free.
1474. Jabir bin 'Abdullah
narrated that a man from the Ansar declared that his slave lad would be free after his death (would be Mudabbar), yet he had no other property. When the Prophet
heard of that he said, "Who will buy him from me?" And Nu’aim bin Abdullah bought him for eight hundred Dirhams. Agreed upon.
In a narration by Al-Bukhari: 'The man became needy,' (so the Prophet
took the slave and said ...).'
A version by An-Nasa'i says, 'The man had a debt, so the Prophet
sold the slave for eight hundred Dirhams and gave him the money and said, "Pay off your debt."
1475. "Amro bin Shuaib narrated on the authority of his father, on the authority of his grandfather
that the Messenger of Allah
said, "A slave who entered into an agreement to buy his freedom is still a slave as long as a Dirham of the agreed price remains to be paid." (443) Related by Abu Dawud with a good chain of narrators. The full Hadith is related by Ahmad and the three Imams. Al-Hakim graded it to be Sahih. 443. This refers to a/•Mukatib who remains under the same rulings, which are applicable to a slave until he pays the full amount. Agreed upon
1476. Umm Salamah :radiyallahu annarrated that the Messenger of Allah
said, "When a slave of one of your women has made an agreement to pay for his freedom (i.e, he is a Mukatib)and can pay the full price, she must veil herself from him." Related by Ahmad and the four Imams. At-Tirmidhi graded it as Sahih.
1477. Ibn 'Abbas
narrated that the Messenger of Allah
said, "The Diyah (Blood money) of a slave who had made an agreement to buy his freedom (Mukatib) and had been killed, is paid at the rate paid for a free man (as a Diyah) as much as he has paid of the amount agreed upon, and at the rate paid for a slave as the remainder is concerned” (444) Related by Ahmad, Abu Dawud and An-Nasa'i.444.This Hadith seems to be contradictory to the Hadith of "Amro bin Shu 'aib (1461 Chapter 01) that a slave 'is still a slave as long as a Dirham of the agreed price remains to be paid.' But most scholars are of the opinion that a Mukatib is still a slave regarding legal punishments and blood money as long as he still owes his Owner one Dirham. Some scholars still believe that that this is not the case, taking this Hadith as their evidence but some scholars said that it is abrogated and the first Hadith is the more established one.
1478. "Amro bin al-Harith, the brother of Juwairiyah the mother of Believers (the wife of the Prophet
) narrated, 'When Allah's Messenger :saw: died, he did not leave a Dinar or a Dirham, a slave or a slave-woman, or anything but his white she-mule, his weapons and a piece of land which he appointed as Sadaqah.' Related by Al-Bukhari.
1479. Ibn 'Abbas
narrated that Allah's Messenger
said, "When a man's slave-woman bears him a child she becomes free at his death." Related by Ibn Majah and Al-Hakim with a weak chain of narrators.
1480. Sahl bin Hunaif
narrated that the Messenger of Allah
said, "He who assists a Mujahid for Allah's sake, a debtor who is in distress (being unable to pay his debt) or a slave who had made an agreement to buy his freedom, Allah will shade him, with His Shade, on the Day when there will be no shade but His." Related by Ahmad and Al-Hakim graded it as Sahih.