Pembebasan Hamba dan Wala'
Muwatta Malik 1485
حَدَّثَنِي مَالِكٌ، عَنْ عَبْدِ اللَّهِ بْنِ أَبِي بَكْرِ بْنِ مُحَمَّدِ بْنِ عَمْرِو بْنِ حَزْمٍ، عَنْ عَبْدِ الْمَلِكِ بْنِ أَبِي بَكْرِ بْنِ عَبْدِ الرَّحْمَنِ بْنِ الْحَارِثِ بْنِ هِشَامٍ، عَنْ أَبِيهِ، أَنَّهُ أَخْبَرَهُ أَنَّ الْعَاصِيَ بْنَ هِشَامٍ هَلَكَ وَتَرَكَ بَنِينَ لَهُ ثَلاَثَةً اثْنَانِ لأُمٍّ وَرَجُلٌ لِعَلَّةٍ فَهَلَكَ أَحَدُ اللَّذَيْنِ لأُمٍّ وَتَرَكَ مَالاً وَمَوَالِيَ فَوَرِثَهُ أَخُوهُ لأَبِيهِ وَأُمِّهِ مَالَهُ وَوَلاَءَهُ مَوَالِيهِ ثُمَّ هَلَكَ الَّذِي وَرِثَ الْمَالَ وَوَلاَءَ الْمَوَالِي وَتَرَكَ ابْنَهُ وَأَخَاهُ لأَبِيهِ فَقَالَ ابْنُهُ قَدْ أَحْرَزْتُ مَا كَانَ أَبِي أَحْرَزَ مِنَ الْمَالِ وَوَلاَءِ الْمَوَالِي وَقَالَ أَخُوهُ لَيْسَ كَذَلِكَ إِنَّمَا أَحْرَزْتَ الْمَالَ وَأَمَّا وَلاَءُ الْمَوَالِي فَلاَ أَرَأَيْتَ لَوْ هَلَكَ أَخِي الْيَوْمَ أَلَسْتُ أَرِثُهُ أَنَا فَاخْتَصَمَا إِلَى عُثْمَانَ بْنِ عَفَّانَ فَقَضَى لأَخِيهِ بِوَلاَءِ الْمَوَالِي .
Terjemahan
Malik related to me from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Abd al-Malik ibn Abi Bakr ibn Abd ar-Rahman ibn al- Harith ibn Hisham that his father told him that al-Asi ibn Hisham had died and left three sons, two by one wife and one by another wife. One of the two with the same mother died and left property and mawali. His full brother inherited his property and the wala' of his mawali. Then he also died, and left as heirs his son and his paternal half brother. His son said, "I obtain what my father inherited of property and the wala' of the mawali." His brother said, "It is not like that. You obtain the property. As for the wala' of the mawali, it is not so. Do you think that had it been my first brother who died today, I would not have inherited from him?" They argued and went to Uthman ibn Affan. He gave a judgement that the brother had the wala' of the mawali
Hadis berkaitan
Muwatta Malik 1464
Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace,said, "If a man…
Muwatta Malik 1465
Malik said, "The generally agreed-on way of doing things among us in the case of slave whose master makes a bequest to free part of him - a…
Muwatta Malik 1466
Malik related to me from Rabia ibn Abi Abd ar-Rahman that a man in the time of Aban ibn Uthman's amirate freed all of his slaves and did…
Muwatta Malik 1467
Malik related to me that he heard Ibn Shihab say, "The precedent of the sunna is that when a slave is freed, his property follows him."…
Muwatta Malik 1468
Malik related to me from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "If a slave-girl gives birth to a child by her master,…
Muwatta Malik 1469
Malik related to me that he had heard that a slave-girl came to Umar ibn al-Khattab (who had been beaten by her master with a red hot iron)…
Muwatta Malik 1470
Malik related to me from Hilal ibn Usama from Ata ibn Yasar that Umar ibn al-Hakam said, "I went to the Messenger of Allah, may Allah bless…
Muwatta Malik 1471
Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud that one of the Ansar came to the Messenger of Allah,…
Muwatta Malik 1472
Malik related to me that he had heard that al-Maqburi said that Abu Hurayra was asked whether a man who had to free a slave, could free an…
Muwatta Malik 1473
Malik related to me that he had heard that Fadala ibn Ubayd al- Ansari who was one of the companions of the Messenger of Allah, may Allah…
Muwatta Malik 1474
Malik related to me that he had heard that Abdullah ibn Umar was asked whether a slave could be bought on the specific condition that it…
Muwatta Malik 1475
Malik related to me from Abd ar-Rahman ibn Abi Amra al-Ansari that his mother had wanted to make a bequest, but she delayed until morning…