سنن ابي داود
Abu Dawud
كتاب العتقThe Book of Manumission of Slaves (Kitab Al-Itaq)
باب فِيمَنْ أَعْتَقَ عَبِيدًا لَهُ لَمْ يَبْلُغْهُمُ الثُّلُثُChapter: Regarding One Who Manumits Slaves Of His That Exceed One Third Of His Property.
Hadith 3958
اُردوEn
حَدَّثَنَا سُلَيْمَانُ بْنُ حَرْبٍ ، حَدَّثَنَا حَمَّادُ بْنُ زَيْدٍ ، عَنْ أَيُّوبَ ، عَنْ أَبِي قِلَابَةَ ، عَنْ أَبِي الْمُهَلَّبِ ، عَنْ عِمْرَانَ بْنِ حُصَيْن ، " أَنَّ رَجُلًا أَعْتَقَ سِتَّةَ أَعْبُدٍ عِنْدَ مَوْتِهِ وَلَمْ يَكُنْ لَهُ مَالٌ غَيْرُهُمْ ، فَبَلَغَ ذَلِكَ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَ لَهُ : قَوْلًا شَدِيدًا ثُمَّ دَعَاهُمْ ، فَجَزَّأَهُمْ ثَلَاثَةَ أَجْزَاءٍ ، فَأَقْرَعَ بَيْنَهُمْ ، فَأَعْتَقَ اثْنَيْنِ وَأَرَقَّ أَرْبَعَةً " .
Imran bin Hussain said: A man who had no other property emancipated six slaves of his at the time of the death. When the Prophet ﷺ was informed about it, he spoke severely of him. He then called them, divided them into three sections, cast lots among them, and emancipated two and kept four in slavery.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊ It has been mentioned in the Book of Bequests (Kitab al-Wasaya) that a person is not permitted to make a bequest (wasiyyah) for more than one third of his wealth. On this basis, in the aforementioned incident, the invalid bequest of that person was annulled and action was taken in accordance with the Shariah.
➋ It is the duty of the Commander of the Faithful (Amir al-Mu'minin) and the Muslim governors to keep watch over all the affairs of the Muslim public, so that opposition to the Shariah does not occur anywhere.
➌ An invalid bequest should be annulled and action should be taken in accordance with the Shariah.
➊ It has been mentioned in the Book of Bequests (Kitab al-Wasaya) that a person is not permitted to make a bequest (wasiyyah) for more than one third of his wealth. On this basis, in the aforementioned incident, the invalid bequest of that person was annulled and action was taken in accordance with the Shariah.
➋ It is the duty of the Commander of the Faithful (Amir al-Mu'minin) and the Muslim governors to keep watch over all the affairs of the Muslim public, so that opposition to the Shariah does not occur anywhere.
➌ An invalid bequest should be annulled and action should be taken in accordance with the Shariah.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3958
Shaykh Muhammad Ibrahim bin Basheer
Benefit:
From this it is understood that making a bequest (wasiyyah) for up to one third is permissible, and likewise, it is permissible to spend up to one third of one’s wealth. If someone says something incorrect, it should not be acted upon.
From this it is understood that making a bequest (wasiyyah) for up to one third is permissible, and likewise, it is permissible to spend up to one third of one’s wealth. If someone says something incorrect, it should not be acted upon.
Source: Musnad al-Humaydi: Commentary by Muhammad Ibrahim bin Bashir, Page: 852
