Chapter on Absconding Slaves

Hadith.3534 - Abu Ja'far Imam Muhammad ibn Ali Al-Baqir (as), said: "The runaway slave's prayer is not accepted until he returns to his master."

Hadith.3535 - Imam Jafar ibn Muhammad Al-Sadiq (as) said: "If a slave runs away but does not leave his city, he is not considered a runaway (abiq)."

slave had already run away. Should he restrain him or place a mark on his neck? Imam (as) replied: "He is like a camel you fear might escape. If you fear that, secure him properly, feed him well, and clothe him." I asked: "How much is sufficient to fill his hunger?" Imam (as) said: "As for us, we provide our dependents with two measures (mudd) of dates."

I asked him about a bondwoman who was mudadbarah (promised freedom upon the master's death). She ran away from her master for several years and later returned after her master had died. She came back with children and considerable possessions. Two witnesses testified that her master had declared her mudadbarah during his lifetime, before she had run away. Imam (as) said: "I see that all the possessions she brought belong to the heirs." I asked: "Would she not be freed from her master's one-third estate?" Imam (as) replied: "No, because she fled, disobeying Allah (swt) and her master. Her escape nullified the declaration of tadbir (conditional freedom)."

"The man must swear by Allah (swt), there is no god but Him, that he did not take the slave's clothes, nor anything that belonged to him, nor did he sell him, nor conspire in his release. If he swears this, he is absolved from liability."

"Indeed, the Muslim should be returned to the Muslim."

Hadith.3540 - Imam (as) said regarding a man who captured a runaway slave and then the slave escaped from him: "There is nothing (no liability) upon him."

I asked him about a man who found a stolen animal that belonged to his neighbor, so he took it to return it to him, but the animal died. Imam (as) said: "There is nothing (no liability) upon him."

"Indeed, if a slave escapes from his masters and then steals, his hand is not cut off while he is a fugitive, because he is like one who has apostatized from Islam. However, he is invited to return to his masters and re-enter Islam. If he refuses to return to his masters, his hand is cut off for the theft, and then he is executed. And the apostate, if he steals, is treated in the same manner."

"I asked him about a man who bought a slave from another man, and the seller had two slaves. The seller said to the buyer, 'Take them both, then choose one of them and return the other,' and he had already received the payment. The buyer took both slaves, but one of them escaped while in his possession. Imam (as) said: 'He should return the one that is with him and reclaim half of the price he paid from the seller. Then, he may search for the escaped slave. If he finds him, he may choose either of them and return the other. But if he does not find him, then the slave that remains will be shared between them-half belonging to the seller and half to the buyer.'"

"Write for the runaway slave on a piece of paper or parchment: 'In the Name of Allah (swt), the Most Gracious, the Most Merciful. The hand of [slave's name] is tied to his neck. If he extends it, he will hardly see it. And whomever Allah (swt) has not granted light, for him there is no light (Surah An-Nur 24:40).' Then wrap it, place it between two sticks, and throw it into a dark corner of the house where he used to stay."

"Recite this supplication for the runaway slave and write it down on a piece of paper: 'O Allah (swt)! The heavens belong to You, the earth belongs to You, and whatever is between them belongs to You. Make what is between them tighter upon [slave's name] than the skin of a camel, until You return him to me and make me victorious over him.' Then, write Ayat al-Kursi around the paper in a circular manner. Bury it and place something heavy over it in the spot where he used to take shelter at night."