Hadith 2232

حَدَّثَنَا عُثْمَانُ بْنُ أَبِي شَيْبَةَ ، حَدَّثَنَا عَفَّانُ ، حَدَّثَنَا هَمَّامٌ ، عَنْ قَتَادَةَ ، عَنْ عِكْرِمَةَ ، عَنْ ابْنِ عَبَّاسٍ ، " أَنَّ زَوْجَ بَرِيرَةَ كَانَ عَبْدًا أَسْوَدَ يُسَمَّى مُغِيثًا ، فَخَيَّرَهَا يَعْنِي النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَأَمَرَهَا أَنْ تَعْتَدَّ " .
Ibn Abbas said “The husband of Barirah was a black slave called Mughith. The Prophet ﷺ gave her choice and commanded her to observe the waiting period. ”
Hadith Reference سنن ابي داود / كتاب تفريع أبواب الطلاق / 2232
Hadith Grading الألبانی: صحيح  |  زبیر علی زئی: صحيح بخاري (5280)
Hadith Takhrij « صحیح البخاری/الطلاق 15 (5280)، (تحفة الأشراف: 6189)، وقد أخرجہ: مسند احمد (1/281، 361) (صحیح) »
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
In the authentic hadith, it is stated that she was commanded to observe the waiting period (‘iddah) of three menstrual cycles (hayd).
(Sunan Ibn Majah, Book of Divorce, Hadith: 2077) because she had become free.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2232
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
From this hadith, the difference between the command of the Messenger of Allah (sallallahu alayhi wa sallam) and his intercession becomes clear: his command is for obligation, which it is necessary to accept, but it is not necessary to accept his intercession.
Lady Barirah (radi Allahu anha) presented her excuse for not accepting the intercession, stating that she had no interest in Mugheeth (radi Allahu anhu), nor was there any benefit for her in returning to him.
Lady Barirah (radi Allahu anha) also had children with Mugheeth (radi Allahu anhu), yet she refused, because in some narrations it is mentioned that the Messenger of Allah (sallallahu alayhi wa sallam), while interceding, said:
"Consider your decision again, for he is the father of your child."
(Sunan Ibn Majah, Kitab al-Talaq, Hadith: 2075)
(2)
From this hadith, it is understood that it is permissible to seek intercession from the Imam, scholar, or person in authority to fulfill the needs of the subjects.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5283
Shaykh Umar Farooq Saeedi
Benefits and Issues:

If a male slave and a female slave (bondwoman) are joined in the bond of marriage, but the bondwoman attains freedom first, then she has the choice to remain in the marriage with her (slave) husband or not. If the husband attains freedom first, then the wife has no such choice. The following hadiths mention the incident of Barirah (the bondwoman) and her husband Mughith (the slave). Barirah radi Allahu anha was freed by Aishah radi Allahu anha first, while Mughith radi Allahu anhu remained a slave.


A woman like Barirah radi Allahu anha, who has been called deficient in intellect in an authentic hadith, was so wise in matters of religion. She knew that to disregard the command of the Messenger of Allah sallallahu alayhi wa sallam is a loss in both religion and worldly life, but when he sallallahu alayhi wa sallam clarified that his statement was not a command but merely an intercession, she gave preference to the right granted to her by the Shariah. In this incident, there is a lesson of freedom of thought, and also that this freedom is conditional upon obedience to Allah’s religion and the Messenger of Allah sallallahu alayhi wa sallam, because Allah the Exalted is the Creator of mankind and the Messenger of Allah sallallahu alayhi wa sallam is the Messenger of Allah.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2231
Hafiz Muhammad Ameen
(1) If any party or person does not accept the recommendation of an important leader or ruler, there is no harm in it. Making a recommendation is permissible, but accepting a recommendation is not obligatory; therefore, the person making the recommendation should not become angry if his recommendation is not accepted, nor should he cause any kind of harm to the one who did not accept it.

(2) From this blessed hadith, it is also understood that making a recommendation on one’s own initiative, without anyone’s request, is correct and permissible, just as the Messenger of Allah (sallallahu alayhi wa sallam) made a recommendation to Barirah (radi Allahu anha) on behalf of Mughith (radi Allahu anhu) without his asking for it. And then, when his recommendation was not accepted, he did not express any displeasure whatsoever; rather, he certainly tried to bring about reconciliation, and this is recommended (mustahabb).

(3) This blessed hadith also points to the beautiful etiquette of Barirah (radi Allahu anha) towards the Messenger of Allah (sallallahu alayhi wa sallam), in that she asked: “Are you commanding or recommending?” Furthermore, she did not explicitly reject his recommendation, but rather said, “I have no need of him.”

(4) Excessive love for something removes modesty (haya) and makes a person blind and deaf.

(5) Reconciling between disputing parties—whether husband and wife or others—and recommending the ending of disputes is a recommended and praiseworthy act in the Shariah. Likewise, bringing happiness and joy to the heart of a believer is also recommended (mustahabb).

(6) This issue has already been mentioned: if a slave woman is freed and her husband is still a slave, she has the choice to maintain the marriage or to dissolve it. This was the very issue here. Thus, it is not necessary for the ruler to issue a formal verdict; rather, he may reconcile the parties by recommending in favor of one to the other, and this is even better, especially where there is a risk of separation.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 5419
Maulana Ataullah Sajid
Benefits and Issues:
➊ If both husband and wife are slaves, and then the woman is set free, she obtains the right to choose: she may remain with her husband if she wishes, or she may separate from him if she wishes.

➋ By deciding to separate, the first marriage is terminated, but with a new marriage contract, they may reunite. The advice of the Messenger of Allah (sallallahu alayhi wa sallam) to Barirah (radi Allahu anha) to return means that she should remarry him.

➌ If the first husband is set free, the wife does not obtain this right.

➍ There is a difference, in terms of Islamic law, between the advice and the command of the Messenger of Allah (sallallahu alayhi wa sallam). Obeying a command is obligatory, but accepting advice is not obligatory; a believer may decide according to his or her circumstances.

➎ The Messenger of Allah (sallallahu alayhi wa sallam) did not command Barirah (radi Allahu anha) to return, because the Shari‘ah had granted her this right, and the Messenger of Allah (sallallahu alayhi wa sallam) could not deprive her of it.

➏ Love and hatred are natural things. In ordinary matters, no one can be compelled to love or hate something; however, love that is exercised by will is related to faith, which includes love for Allah (azza wa jall), love for the Messenger of Allah (sallallahu alayhi wa sallam), and love for righteous people.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2075