سنن ابي داود
Abu Dawud
كتاب العتقThe Book of Manumission of Slaves (Kitab Al-Itaq)
باب فِي بَيْعِ الْمُكَاتَبِ إِذَا فُسِخَتِ الْكِتَابَةُChapter: Selling A Mukathib If His Contract Of Manumission Is Annulled.
Hadith 3930
اُردوEn
حَدَّثَنَا مُوسَى بْنُ إِسْمَاعِيل ، حَدَّثَنَا وُهَيْبٌ ، عَنْ هِشَامِ بْنِ عُرْوَةَ ، عَنْ أَبِيهِ ، عَنْ عَائِشَةَ رَضِيَ اللَّهُ عَنْهَا ، قَالَتْ : جَاءَتْ بَرِيرَةُ لِتَسْتَعِينَ فِي كِتَابَتِهَا ، فَقَالَتْ : إِنِّي كَاتَبْتُ أَهْلِي عَلَى تِسْعِ أَوَاقٍ فِي كُلِّ عَامٍ أُوقِيَّةٌ ، فَأَعِينِينِي ، فَقَالَتْ : إِنْ أَحَبَّ أَهْلُكِ أَنْ أَعُدَّهَا عَدَّةً وَاحِدَةً وَأَعْتِقَكِ وَيَكُونَ وَلَاؤُكِ لِي فَعَلْتُ فَذَهَبَتْ إِلَى أَهْلِهَا وَسَاقَ الْحَدِيثَ نَحْوَ الزُّهْرِيِّ زَادَ فِي كَلَامِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي آخِرِهِ مَا بَالُ رِجَالٍ يَقُولُ أَحَدُهُمْ : أَعْتِقْ يَا فُلَانُ وَالْوَلَاءُ لِي إِنَّمَا الْوَلَاءُ لِمَنْ أَعْتَقَ .
Aishah said: Barirah came seeking my help to purchase her freedom. She said: I have arranged with my people to buy my freedom for nine 'uqiyahs: one to be paid annually. So help me. She (Aishah) said: If your people are willing that I should count them ('uqiyahs) out to them all at one time and set you free and that I shall have the right to inherit from you, I shall do so. She then went to her people. The narrator then transmitted the rest of the tradition like the version of al-Zuhri. He added to the wordings of the Prophet ﷺ in the last: What is the matter with people that one of you says: Set free, O so-and-so, and the right of inheritance belongs to me. The right of inheritance belongs to the one who has set a person free.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊ The bond and relationship established between a slave and his master upon the emancipation of the slave is called "wala" (with a fatha on the waw), and its status in the Shariah is similar to that of lineage. The emancipator is called "mawla mu'tiq" (with a kasrah under the ta — meaning the one who emancipates), and the emancipated person is called "mawla mu'taq" (with a fatha on the ta — the one who is emancipated). Furthermore, the wealth left behind by a slave or an emancipated slave upon death is also referred to as "wala".
➋ In the ahadith on this subject, Aisha radi Allahu anha did not merely wish to pay the amount of the contract of manumission (mukatabah), but rather wanted to purchase and then emancipate the slave, as is mentioned in the following ahadith. In the first hadith, the Messenger of Allah sallallahu alayhi wa sallam said: "Buy her and set her free." And in the second hadith, it is stated: "I will pay the amount in one lump sum." With this clarification, the contract of mukatabah would be considered annulled.
➌ For admonition and advice, one should adopt a wise approach; it is against sound judgment to address and rebuke someone directly and publicly.
➍ All actions performed in accordance with the Sunnah are from the Book of Allah, because the Sunnah is an explanation and clarification of the Noble Qur'an. Allah Ta'ala has said: "And whatever the Messenger gives you, take it, and whatever he forbids you from, abstain from it." Whoever obeys the Messenger of Allah has obeyed Allah. "O you who believe! Obey Allah and obey the Messenger, and do not render your deeds void."
➊ The bond and relationship established between a slave and his master upon the emancipation of the slave is called "wala" (with a fatha on the waw), and its status in the Shariah is similar to that of lineage. The emancipator is called "mawla mu'tiq" (with a kasrah under the ta — meaning the one who emancipates), and the emancipated person is called "mawla mu'taq" (with a fatha on the ta — the one who is emancipated). Furthermore, the wealth left behind by a slave or an emancipated slave upon death is also referred to as "wala".
➋ In the ahadith on this subject, Aisha radi Allahu anha did not merely wish to pay the amount of the contract of manumission (mukatabah), but rather wanted to purchase and then emancipate the slave, as is mentioned in the following ahadith. In the first hadith, the Messenger of Allah sallallahu alayhi wa sallam said: "Buy her and set her free." And in the second hadith, it is stated: "I will pay the amount in one lump sum." With this clarification, the contract of mukatabah would be considered annulled.
➌ For admonition and advice, one should adopt a wise approach; it is against sound judgment to address and rebuke someone directly and publicly.
➍ All actions performed in accordance with the Sunnah are from the Book of Allah, because the Sunnah is an explanation and clarification of the Noble Qur'an. Allah Ta'ala has said: "And whatever the Messenger gives you, take it, and whatever he forbids you from, abstain from it." Whoever obeys the Messenger of Allah has obeyed Allah. "O you who believe! Obey Allah and obey the Messenger, and do not render your deeds void."
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3930
