Muwatta Malik: Chapter 39

Malik said, "This is my opinion
as well."

Malik said, "If a mukatab dies and leaves more
property than what remains to be paid of his kitaba and he has
children who were born during the time of his kitaba or whose kitaba
has been written as well, they inherit any property that remains after
the kitaba has been paid."

Malik
said, "What is done among us is that the master of a slave does not
have to give his slave a kitaba if he asks for it. I have not heard of
any of the Imams forcing a man to give a kitaba to his slave. I heard
that one of the people of knowledge, when someone asked about that and
mentioned that Allah the Blessed, the Exalted, said, 'Give them their
kitaba, if you know some good in them' (Sura 24 ayat 33) recited these
two ayats, 'When you are free of the state of ihram, then hunt for
game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the
land and seek Allah's favour.' " (Sura 62 ayat 10)

Malik
commented, "It is a way of doing things for which Allah, the Mighty,
the Majestic, has given permission to people, and it is not obligatory
for them." Malik said, "I heard one of the people of knowledge say
about the word of Allah, the Blessed, the Exalted, 'Give them of the
wealth which Allah has given you,' that it meant that a man give his
slave a kitaba and then reduce the end of his kitaba for him by some
specific amount."

Malik said, "This is what I have heard from
the people of knowledge and what I see people doing here."

Malik said, "I have heard that Abdullah ibn Umar gave one of his
slaves his kitaba for 35,000 dirhams, and then reduced the end of his
kitaba by 5,000 dirhams."

Malik said, "What is done among us
is that when a master gives a mukatab his kitaba, the mukatab's
property goes with him but his children do not go with him unless he
stipulates that in his kitaba."

Yahya said, "I heard Malik
say that if a mukatab whose master had given him a kitaba had a slave-
girl who was pregnant by him, and neither he nor his master knew that
on the day he was given his kitaba, the child did not follow him
because he was not included in the kitaba. He belonged to the master.
As for the slave-girl, she belonged to the mukatab because she was his
property."

Malik said that if a man and his wife's son (by
another husband) inherited a mukatab from the wife and the mukatab
died before he had completed his kitaba, they divided his inheritance
between them according to the Book of Allah. If the slave paid his
kitaba and then died, his inheritance went to the son of the woman,
and the husband had nothing of his inheritance.

Malik said
that if a mukatab gave his own slave a kitaba, the situation was
looked at. If he wanted to do his slave a favour and it was obvious by
his making it easy for him, that was not permitted. If he was giving
him a kitaba from desire to find money to pay off his own kitaba, that
was permitted for him.

Malik said that if a man had
intercourse with a mukataba of his and she became pregnant by him, she
had an option. If she liked she could be an umm walad. If she wished,
she could confirm her kitaba. If she did not conceive, she still had
her kitaba.

Malik said, "The generally agreed on way of doing
things among us about a slave who is owned by two men is that one of
them does not give a kitaba for his share, whether or not his
companion gives him permission to do so, unless they both write the
kitaba together, because that alone would effect setting him free. If
the slave were to fulfil what he had agreed on to free half of
himself, and then the one who had given a kitaba for half of him was
not obliged to complete his setting free, that would be in opposition
to the words of the Messenger of Allah, may Allah bless him and grant
him peace. 'If someone frees his share in a slave and has enough money
to cover the full price of the slave, justly evaluated for him, he
must give his partners their shares, so the slave is completely free .
' "

Malik said, "If he is not aware of that until the mukatab
has met the terms or before he has met them the owner who has written
him the kitaba returns what he has taken from the mukatab to him, and
then he and his partner divide him according to their original shares
and the kitaba is invalid. He is the slave of both of them in his
original state."

Malik spoke about a mukatab who was owned by
two men and one of them granted him a delay in the payment of the
right which he was owed, and the other refused to defer it, and so the
one who refused to defer the payment exacted his part of the due.
Malik said that if the mukatab then died and left property which did
not complete his kitaba, "They divide it according to what they are
still owed by him. Each of them takes according to his share. If the
mukatab leaves more than his kitaba, each of them takes what remains
to them of the kitaba, and what remains after that is divided equally
between them. If the mukatab is unable to pay his kitaba fully and the
one who did not allow him to defer his payment has exacted more than
his associate did, the slave is still divided equally between them,
and he does not return to his associates the excess of what he has
exacted, because he only exacted his right with the permission of his
associate. If one of them remits what is owed to him and then his
associate exacts part of what he is owed by him and then the mukatab
is unable to pay, he belongs to both of them. And the one who has
exacted something does not return anything because he only demanded
what he was owed. That is like the debt of two men in one writing
against one man. One of them grants him time to pay and the other is
greedy and exacts his due. Then the debtor goes bankrupt. The one who
exacted his due does not have to return any of what he took."

Malik said, "The generally agreed on way of
doing things among us is that when a master gives a slave his kitaba,
it is not permitted for the master to let anyone assume the
responsibility for the kitaba of his slave if the slave dies or is
incapable. This is not part of the sunna of the muslims. That is
because when a man assumes responsibility to the master of a mukatab
for what the mukatab owes of his kitaba, and then the master of the
mukatab pursues that from the one who assumes the responsibility, he
takes his money falsely. It is not as if he is buying the mukatab, so
that what he gives is part of the price of something that is his, and
neither is the mukatab being freed so that the price established for
him buys his inviolability as a free man. If the mukatab is unable to
meet the payments he reverts to his master and is his slave. That is
because kitaba is not a fixed debt which can be assumed by the master
of the mukatab. It is something which, when it is paid by the mukatab,
sets him free. If the mukatab dies and has a debt, his master is not
one of the creditors for what remains unpaid of the kitaba. The
creditors have precedence over the master. If the mukatab cannot meet
the payments, and he owes debts to people, he reverts to being a slave
owned by his master and the debts to the people are the liability of
the mukatab. The creditors do not enter with the master into any share
of the price of his person."

Malik said, "When people are
written together in one kitaba and there is no kinship between them by
which they inherit from each other, and some of them are responsible
for others, then none of them are freed before the others until all
the kitaba has been paid. If one of them dies and leaves property and
it is more than all of what is against them, it pays all that is
against them . The excess of the property goes to the master, and none
of those who have been written in the kitaba with the deceased have
any of the excess. The master's claims are overshadowed by their
claims for the portions which remain against them of the kitaba which
can be fulfilled from the property of the deceased, because the
deceased had assumed their responsibility and they must use his
property to pay for their freedom. If the deceased mukatab has a free
child not born in kitaba and who was not written in the kitaba, it
does not inherit from him because the mukatab was not freed until he
died."

Malik said, "The generally agreed on way of doing things
among us in the case of a mukatab who is shared by two partners, is
that one of them cannot make a settlement with him for an agreed price
according to his portion without the consent of his partner. That is
because the slave and his property are owned by both of them, and so
one of them is not permitted to take any of the property except with
the consent of his partner. If one of them settled with the mukatab
and his partner did not, and he took the agreed price, and then the
mukatab died while he had property or was unable to pay, the one who
settled would not have anything of the mukatab's property and he could
not return that for which he made settlement so that his right to the
slave's person would return to him. However, when someone settles with
a mukatab with the permission of his partner and then the mukatab is
unable to pay, it is preferable that the one who broke with him return
what he has taken from the mukatab for the severance and he can have
back his portion of the mukatab. He can do that. If the mukatab dies
and leaves property, the partner who has kept hold of the kitaba is
paid in full the amount of the kitaba which remains to him against the
mukatab from the mukatab's property. Then what remains of property of
the mukatab is between the partner who broke with him and his partner,
according to their shares in the mukatab. If one of the partners
breaks off with him and the other keeps the kitaba, and the mukatab is
unable to pay, it is said to the partner who settled with him, 'If you
wish to give your partner half of what you took so the slave is
divided between you, then do so. If you refuse, then all of the slave
belongs to the one who held on to possession of the slave.' "

Malik spoke about a mukatab who was shared between two men and one of
them made a settlement with him with the permission of his partner.
Then the one who retained possession of the slave demanded the like of
that for which his partner had settled or more than that and the
mukatab could not pay it. He said, "The mukatab is shared between them
because the man has only demanded what is owed to him. If he demands
less than what the one who settled with him took and the mukatab can
not manage that, and the one who settled with him prefers to return to
his partner half of what he took so the slave is divided in halves
between them, he can do that. If he refuses then all of the slave
belongs to the one who did not settle with him. If the mukatab dies
and leaves property, and the one who settled with him prefers to
return to his companion half of what he has taken so the inheritance
is divided between them, he can do that. If the one who has kept the
kitaba takes the like of what the one who has settled with him took,
or more, the inheritance is between them according to their shares in
the slave because he is only taking his right."

Malik spoke
about a mukatab who was shared between two men and one of them made a
settlement with him for half of what was due to him with the
permission of his partner, and then the one who retained possession of
the slave took less than what his partner settled with him for and the
mukatab was unable to pay. He said, "If the one who made a settlement
with the slave prefers to return half of what he was awarded to his
partner, the slave is divided between them. If he refuses to return
it, the one who retained possession has the portion of the share for
which his partner made a settlement with the mukatab."

Malik
said, "The explanation of that is that the slave is divided in two
halves between them. They write him a kitaba together and then one of
them makes a settlement with the mukatab for half his due with the
permission of his partner. That is a fourth of all the slave. Then the
mukatab is unable to continue, so it is said to the one who settled
with him, 'If you wish, return to your partner half of what you were
awarded and the slave is divided equally between you.' If he refuses,
the one who held to the kitaba takes in full the fourth of his partner
for which he made settlement with the mukatab. He had half the slave,
so that now gives him three-fourths of the slave. The one who broke
off has a fourth of the slave because he refused to return the
equivalent of the fourth share for which he settled."

Malik
spoke about a mukatab whose master made a settlement with him and set
him free and what remained of his severance was written against him as
debt, then the mukatab died and people had debts against him. He said,
"His master does not share with the creditors because of what he is
owed from the severance. The creditors begin first."

Malik
said, "A mukatab cannot break with his master when he owes debts to
people. He would be set free and have nothing because the people who
hold the debts are more entitled to his property than his master. That
is not permitted for him."

Malik said, "According to the way
things are done among us, there is no harm if a man gives a kitaba to
his slave and settles with him for gold and reduces what he is owed of
the kitaba provided that only the gold is paid immediately. Whoever
disapproves of that does so because he puts it in the category of a
debt which a man has against another man for a set term. He gives him
a reduction and he pays it immediately. This is not like that debt.
The breaking of the mukatab with his master is dependent on his giving
money to speed up the setting free. Inheritance, testimony and the
hudud are obliged for him and the inviolability of being set free is
established for him. He is not buying dirhams for dirhams or gold for
gold. Rather it is like a man who having said to his slave, 'Bring me
such-and-such an amount of dinars and you are free', then reduces that
for him, saying, 'If you bring me less than that, you are free.' That
is not a fixed debt. Had it been a fixed debt, the master would have
shared with the creditors of the mukatab when he died or went
bankrupt. His claim on the property of the mukatab would join theirs."

Malik spoke about people who were in a general kitaba and one of
them caused an injury which entailed blood-money. He said, "If any of
them does an injury involving blood-money, he and those who are with
him in the kitaba are asked to pay all the blood-money of that injury.
If they pay, they are confirmed in their kitaba. If they do not pay,
and they are incapable then their master has an option. If he wishes,
he can pay all the blood-money of that injury and all the slaves
revert to him. If he wishes, he can surrender the one who did the
injury alone and all the others revert to being his slaves since they
could not pay the blood-money of the injury which their companion
caused."

Malik said, "The way of doing things about which
there is no dispute among us, is that when a mukatab is injured in
some way which entails blood-money or one of the mukatab's children
who is written with him in the kitaba is injured, their blood-money is
the blood-money of slaves of their value, and what is appointed to
them as their blood-money is paid to the master who has the kitaba and
he reckons that for the mukatab at the end of his kitaba and there is
a reduction for the blood-money that the master has taken for the
injury."

Malik said, "The explanation of that is say, for
example, he has written his kitaba for three thousand dirhams and the
blood-money taken by the master for his injury is one thousand
dirhams. When the mukatab has paid his master two thousand dirhams he
is free. If what remains of his kitaba is one thousand dirhams and the
blood-money for his injury is one thousand dirhams, he is free
straightaway. If the blood-money of the injury is more than what
remains of the kitaba, the master of the mukatab takes what remains of
his kitaba and frees him. What remains after the payment of the kitaba
belongs to the mukatab. One must not pay the mukatab any of the blood-
money of his injury in case he might consume it and use it up. If he
could not pay his kitaba completely he would then return to his master
one eyed, with a hand cut off, or crippled in body. His master only
wrote his kitaba against his property and earnings, and he did not
write his kitaba so that he would take the blood-money for what
happened to his child or to himself and use it up and consume it. One
pays the blood-money of injuries to a mukatab and his children who are
born in his kitaba, or their kitaba is written, to the master and he
takes it into account for him at the end of his kitaba."

He said, "If the master gives a mukatab his kitaba for certain
merchandise of camels, cattle, sheep, or slaves, it is more correct
that the buyer buy him for gold, silver, or different goods than the
ones his master wrote the kitaba for, and that must be paid
immediately, not deferred."

Malik said, "The best of what I
have heard about a mukatab when he is sold is that he is more entitled
to buy his kitaba than the one who buys him if he can pay his master
the price for which he was sold in cash. That is because his buying
himself is his freedom, and freedom has priority over what bequests
accompany it. If one of those who have written the kitaba for the
mukatab sells his portion of him, so that a half, a third, a fourth,
or whatever share of the mukatab is sold, the mukatab does not have
the right of pre-emption in what is sold of him. That is because it is
like the severance of a partner, and a partner can only make a
settlement for a partner of the one who is mukatab with the permission
of his partners because what is sold of him does not give him complete
rights as a free man and his property is barred from him, and by
buying part of himself, it is feared that he will become incapable of
completing payment because of what he had to spend. That is not like
the mukatab buying himself completely unless whoever has some of the
kitaba remaining due to him gives him permission. If they give him
permission, he is more entitled to what is sold of him."

Malik said, "Selling one of the instalments of a mukatab is not halal.
That is because it Is an uncertain transaction. If the mukatab cannot
pay it, what he owes is nullified. If he dies or goes bankrupt and he
owes debts to people, then the person who bought his instalment does
not take any of his portion with the creditors. The person who buys
one of the instalments of the mukatab is in the position of the master
of the mukatab. The master of the mukatab does not have a share with
the creditors of the mukatab for what he is owed of the kitaba of his
slave. It is also like that with the kharaj, (a set amount deducted
daily from the slave against his earnings), which accumulates for a
master from the earnings of his slave. The creditors of his slave do
not allow him a share for what has accumulated for him from those
deductions."

Malik said, "There is no harm in a mukatab
paying off his kitaba with coin or merchandise other than the
merchandise for which he wrote his kitaba if it is identical with it,
on time (for the instalment) or delayed. "

Malik said that if
a mukatab died and left an umm walad and small children by her or by
someone else and they could not work and it was feared that they would
be unable to fulfil their kitaba, the umm walad of the father was sold
if her price would pay all the kitaba for them, whether or not she was
their mother. They were paid for and set free because their father did
not forbid her sale if he feared that he would be unable to complete
his kitaba. If her price would not pay for them and neither she nor
they could work, they all reverted to being slaves of the master.

Malik said, "What is done among us in the case of a person who
buys the kitaba of a mukatab, and then the mukatab dies before he has
paid his kitaba, is that the person who bought the kitaba inherits
from him. If, rather than dying, the mukatab cannot pay, the buyer has
his person. If the mukatab pays his kitaba to the person who bought
him and he is freed, his wala' goes to the person who wrote the kitaba
and the person who bought his kitaba does not have any of it."

Malik said, "If they are small and unable
to work, one does not wait for them to grow up and they are slaves of
their father's master unless the mukatab has left what will pay their
instalments for them until they can work. If there is enough to pay
for them in what he has left, that is paid for on their behalf and
they are left in their condition until they can work, and then if they
pay, they are free. If they cannot do it, they are slaves."

Malik spoke about a mukatab who died and left property which was not
enough to pay his kitaba, and he also left a child with him in his
kitaba and an umm walad, and the umm walad wanted to work for them. He
said, "The money is paid to her if she is trustworthy with it and
strong enough to work. If she is not strong enough to work and not
trustworthy with property, she is not given any of it and she and the
children of the mukatab revert to being slaves of the master of the
mukatab."

Malik said, "If people are written together in one
kitaba and there is no kinship between them, and some of them are
incapable and others work until they are all set free, those who
worked can claim from those who were unable, the portion of what they
paid for them because some of them assumed the responsibility for
others."

Malik said, "What is done among us when a mukatab
pays all the instalments he owes before their term, is that it is
permitted to him. The master cannot refuse him that. That is because
payment removes every condition from the mukatab as well as service
and travel. The setting free of a man is not complete while he has any
remaining slavery, and neither would his inviolability as a free man
be complete and his testimony permitted and inheritance obliged and
such things in that situation. His master must not make any
stipulation of service on him after he has been set free."

Malik said that it was permitted for a mukatab who became extremely
ill and wanted to pay his master all his instalments because his heirs
who were free would then inherit from him and he had no children with
him in his kitaba, to do so, because by that he completed his
inviolability as a free man, his testimony was permitted, and his
admission of what he owed of debts to people was permitted. His
bequest was permitted as well. His master could not refuse him that by
saying, "He is escaping from me with his property."

Malik said, "When a mukatab who fulfils his kitaba and
becomes free dies, he is inherited from by the people who wrote his
kitaba and their children and paternal relations - whoever is most
deserving."

He said, "This is also for whoever is set free
when he dies after being set free - his inheritance is for the nearest
people to him of children or paternal relations who inherit by means
of the wala'."

Malik said, "Brothers, written together in the
same kitaba, are in the same position as children to each other when
none of them have children written in the kitaba or born in the
kitaba. When one of them dies and leaves property, he pays for them
all that is against them of their kitaba and sets them free. The money
left over after that goes to his children rather than his brothers."

He said, "If he pays all his instalments and he is
set free and his inviolability as a free man is complete, but he still
has this condition to fulfil, the condition is examined, and whatever
involves his person in it, like service or a journey etc., is removed
from him and his master has nothing in it. Whatever there is of
sacrifice, clothing, or anything that he must pay, that is in the
position of dinars and dirhams, and is valued and he pays it along
with his instalments, and he is not free until he has paid that along
with his instalments."

Malik said, "The generally agreed-on
way of doing things among us about which there is no dispute, is that
a mukatab is in the same position as a slave whom his master will free
after a service of ten years. If the master who will free him dies
before ten years, what remains of his service goes to his heirs and
his wala' goes to the one who contracted to free him and to his male
children or paternal relations."

Malik spoke about a man who
stipulated against his mukatab that he could not travel, marry, or
leave his land without his permission, and that if he did so without
his permission it was in his power to cancel the kitaba. He said, "If
the mukatab does any of these things it is not in the man's power to
cancel the kitaba. Let the master put that before the Sultan. The
mukatab, however, should not marry, travel, or leave the land of his
master without his permission, whether or not he stipulates that. That
is because the man may write a kitaba for his slave for 100 dinars and
the slave may have 1000 dinars or more than that. He goes off and
marries a woman and pays her bride-price which sweeps away his money
and then he cannot pay. He reverts to his master as a slave who has no
property. Or else he may travel and his instalments fall due while he
is away. He cannot do that and kitaba is not to be based on that. That
is in the hand of his master. If he wishes, he gives him permission in
that. If he wishes, he refuses it."

Malik said, "It is like that also when a mukatab gives his slave a
kitaba and his mukatab is set free before he is himself. The wala'
goes to the master of the mukatab as long as he is not free. If this
one who wrote the kitaba is set free, then the wala' of his mukatab
who was freed before him reverts to him. If the first mukatab dies
before he pays, or he cannot pay his kitaba and he has free children,
they do not inherit the wala' of their father's mukatab because the
wala' has not been established for their father and he does not have
the wala' until he is free."

Malik spoke about a mukatab who
was shared between two men and one of them forewent what the mukatab
owed him and the other insisted on his due. Then the mukatab died and
left property.

Malik said, "The one who did not abandon any
of what he was owed, is paid in full. Then the property is divided
between them both just as if a slave had died because what the first
one did was not setting him free. He only abandoned a debt that was
owed to him ."

Malik said, "One clarification of that is that
when a man dies and leaves a mukatab and he also leaves male and
female children and one of the children frees his portion of the
mukatab, that does not establish any of the wala' for him. Had it been
a true setting free, the wala' would have been established for
whichever men and women freed him."

Malik said, "Another
clarification of that is that if one of them freed his portion and
then the mukatab could not pay, the value of what was left of the
mukatab would be altered because of the one who freed his portion. Had
it been a true setting-free, his estimated value would have been taken
from the property of the one who set free until he had been set
completely free as the Messenger of Allah, may Allah bless him and
grant him peace, said, 'Whoever frees his share in a slave and has
money to cover the full price of the slave, justly evaluated for him,
gives his partners their shares. If not, he frees of him what he
frees.' " (See Book 37 hadith 1).

He said, "Another
clarification of that is that part of the sunna of the muslims in
which there is no dispute, is that whoever frees his share of a
mukatab, the mukatab is not set fully free using his property. Had he
been truly set free, the wala' would have been his alone rather than
his partners. Part of what will clarify that also is that part of the
sunna of the muslims is that the wala' belongs to whoever writes the
contract of kitaba. The women who inherit from the master of the
mukatab do not have any of the wala' of the mukatab. If they free any
of their share, the wala' belongs to the male children of the master
of the mukatab or his male paternal relations."

Malik said about slaves who wrote a kitaba together
that it was permitted for their master to free the old and exhausted
of them and the young when neither of them could pay anything, and
there was no help nor strength to be had from any of them in their
kitaba.

Malik said about a mukatab who set free a slave of his or gave
sadaqa with some of his property and his master did not know that
until he had set the mukatab free, "That has been performed by him and
the master does not rescind it. If the master of the mukatab knows
before he sets the mukatab free, he can reject that and not permit it.
If the mukatab is then freed and it becomes in his power to do so, he
does not have to free the slave, nor give the sadaqa unless he does it
voluntarily from himself."

Malik said, "The illustration of that is that if the price of the
mukatab is one thousand dirhams, and only one hundred dirhams remain
of his kitaba, his master leaves him the one hundred dirhams which
complete it for him. It is taken into account in the third of his
master and by it he becomes free."

Malik said that if a man
wrote his slave a kitaba at his death, the value of the slave was
estimated. If there was enough to cover the price of the slave in one
third of his property, that was permitted for him.

Malik
said, "The illustration of that is that the price of the slave is one
thousand dinars. His master writes him a kitaba for two hundred dinars
at his death. The third of the property of his master is one thousand
dinars, so that is permitted for him. It is only a bequest which he
makes from one third of his property. If the master has left bequests
to people, and there is no surplus in the third after the value of the
mukatab, one begins with the mukatab because the kitaba is setting
free, and setting free has priority over bequests. When those bequests
are paid from the kitaba of the mukatab, they follow it. The heirs of
the testator have a choice. If they want to give the people with
bequests all their bequests and the kitaba of the mukatab is theirs,
they have that. If they refuse and hand over the mukatab and what he
owes to the people with bequests they can do that, because the third
commences with the mukatab and because all the bequests which he makes
are as one."

If the heirs then say, "What our fellow
bequeathed was more than one third of his property and he has taken
what was not his," Malik said, "His heirs choose. It is said to them,
'Your companion has made the bequests you know about and if you would
like to give them to those who are to receive them according to the
deceased's bequests, then do so. If not, hand over to the people with
bequests one third of the total property of the deceased.' "

Malik continued, "If the heirs surrender the mukatab to the people
with bequests, the people with bequests have what he owes of his
kitaba. If the mukatab pays what he owes of his kitaba, they take that
in their bequests according to their shares. If the mukatab cannot
pay, he is a slave of the people with bequests and does not return to
the heirs because they gave him up when they made their choice, and
because when he was surrendered to the people with bequests, they were
liable. If he died, they would not have anything against the heirs. If
the mukatab dies before he pays his kitaba and he leaves property
which is more than what he owes, his property goes to the people with
bequests. If the mukatab pays what he owes, he is free and his wala'
returns to the paternal relations of the one who wrote the kitaba for
him."

Malik spoke about a mukatab who owed his master ten
thousand dirhams in his kitaba, and when he died he remitted one
thousand dirhams from it. He said, "The mukatab is valued and his
value is taken into consideration. If his value is one thousand
dirhams and the reduction is a tenth of the kitaba, that portion of
the slave's price is one hundred dirhams. It is a tenth of the price.
A tenth of the kitaba is therefore reduced for him. That is converted
to a tenth of the price in cash. That is as if he had had all of what
he owed reduced for him. Had he done that, only the value of the slave