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سنن ابي داود
Abu Dawud
كتاب تفريع أبواب الطلاق
Divorce (Kitab Al-Talaq)
باب مَنْ قَالَ كَانَ حُرًّا
Chapter: Who So Said That He Was A Free Man.
Sunan Abu Dawud 2235 — Who So Said That He Was A Free Man
حَدَّثَنَا ابْنُ كَثِيرٍ ، أَخْبَرَنَا سُفْيَانُ ، عَنْ مَنْصُورٍ ، عَنْ إِبْرَاهِيمَ ، عَنْ الْأَسْوَدِ ، عَنْ عَائِشَةَ ، " أَنَّ زَوْجَ بَرِيرَةَ كَانَ حُرًّا حِينَ أُعْتِقَتْ ، وَأَنَّهَا خُيِّرَتْ " ، فَقَالَتْ : مَا أُحِبُّ أَنْ أَكُونَ مَعَهُ وَأَنَّ لِي كَذَا وَكَذَا .
Aishah said “Barirah’s husband was a free man when she was emancipated. She was given choice. She said “I do not like to remain with him. I have such and such (grievances)”
Brief Explanation
1؎: The correct view is that at that time he was a slave, as has been mentioned in several authentic narrations above.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
According to Shaykh al-Albani rahimahullah, the statement "(Kan Hira) he was free" is the speech of Aswad bin Yazid, and according to Imam Bukhari, it is mursal (disconnected), whereas the narration of Ibn Abbas radi Allahu anhu that her husband was a slave is more authentic.
See (Sahih al-Bukhari, Book of Divorce, Hadith: 5282)
According to Shaykh al-Albani rahimahullah, the statement "(Kan Hira) he was free" is the speech of Aswad bin Yazid, and according to Imam Bukhari, it is mursal (disconnected), whereas the narration of Ibn Abbas radi Allahu anhu that her husband was a slave is more authentic.
See (Sahih al-Bukhari, Book of Divorce, Hadith: 5282)
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2235
