سنن ابي داود
Abu Dawud
كتاب الإجارةWages (Kitab Al-Ijarah)
باب فِي عُهْدَةِ الرَّقِيقِChapter: Regarding Liability For The Slave.
Hadith 3507
اُردوEn
حَدَّثَنَا هَارُونُ بْنُ عَبْدِ اللَّهِ ، حَدَّثَنِي عَبْدُ الصَّمَدِ ، حَدَّثَنَا هَمَّامٌ ، عَنْ قَتَادَةَ بِإِسْنَادِهِ وَمَعْنَاهُ ، زَادَ إِنْ وَجَدَ دَاءً فِي الثَّلَاثِ لَيَالِي رُدَّ بِغَيْرِ بَيِّنَةٍ وَإِنْ وَجَدَ دَاءً بَعْدَ الثَّلَاثِ كُلِّفَ الْبَيِّنَةَ ، أَنَّهُ اشْتَرَاهُ وَبِهِ هَذَا الدَّاءُ ، قَالَ أَبُو دَاوُد : هَذَا التَّفْسِيرُ مِنْ كَلَامِ قَتَادَةَ .
The tradition mentioned above has also been transmitted by Qatadah through a different chain of narrators to the same effect. This version adds: "If he finds defect (in the slave) within three days, he may return it without evidence; if he finds a defect after three days, he will be required to produce evidence that he (the slave) had the defect when he bought it. " Abu Dawud said: This explanation is from the words of Qatadah.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit:
The two aforementioned narrations are weak in terms of their chain of transmission.
However, the general opinion of the scholars is this:
If a person buys a slave, but some defect is found in him, then he can be returned within three days.
And it will be necessary for the owner to take him back.
Because he is responsible for this:
That the slave he is selling
Should be sound and free from every kind of defect.
Benefit:
The two aforementioned narrations are weak in terms of their chain of transmission.
However, the general opinion of the scholars is this:
If a person buys a slave, but some defect is found in him, then he can be returned within three days.
And it will be necessary for the owner to take him back.
Because he is responsible for this:
That the slave he is selling
Should be sound and free from every kind of defect.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3507
