A Slave Does Business Who Becomes Indebted

1. Certain persons of our people have narrated Muhammad ibn al-Husayn from ‘Uthman ibn ‘Isa from Zarif al-Akfaniy who has said the following: “This is about the case of a man who authorizes his slave to buy and sell and who becomes bankrupt and is taken by the creditor for the debt which is more than his price. I asked Abu‘ Abd Allah (a.s.), about it. He (the Imam) said, If you sell him you are responsible for the debt, but if you set him free you are not responsible for the debt.’ He set him free and he was not held responsible for anything.”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

2. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad from ibn Mahbub from ibn Ri’ab from Zurarah who has said the following: “This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who dies owing a certain amount of debts and leaves behind a slave who has his assets in business and a son. In the hand of the slave he leaves the assets, goods and debts owed by the slave which he had incurred during the lifetime of his master for business. The heir and creditors dispute about what is in the hand of the slave, the slave himself and the assets and goods. He (the Imam) said, ‘In my view the heirs have no say about the slave or about what is in his hand of assets and goods, except if they take responsibility for the debt for all the creditors. Thereafter the slave and what is in his hand of the assets and goods all go in the hands of the heirs; but if they refuse to take responsibility, the slave and all that is in his hand go to the creditors. The slave and whatever is in his hand of the assets are distributed among the creditors proportionate to their shares. If the slave and the asset could not pay the debts the creditors can ask the heirs for the remaining liabilities if the deceased has left anything. If the slave and assets exceed the debts the remaining goes to the heirs.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

3. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Ahmad ibn Muhammad from ibn abu Nasr from ‘Asem ibn Hamid from abu Basir who has said the following: “This is concerning my question before abu Ja‘far (a.s.), about the case of a man who authorizes his slave to do business but he becomes indebted. He (the Imam) said, if his master had authorized him to borrow; then he is responsible for the debts, but if he had not authorized him to borrow, he is not responsible for anything but the slave is made to work to pay the debts.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.