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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 3961
اُردوEn
حَدَّثَنَا مُسَدَّدٌ ، حَدَّثَنَا حَمَّادُ بْنُ زَيْدٍ ، عَنْ يَحْيَى بْنِ عَتِيقٍ ، وَأَيُّوبَ ، عَنْ مُحَمَّدِ بْنِ سِيرِينَ ، عَنْ عِمْرَانَ بْنِ حُصَيْنٍ ، " أَنَّ رَجُلًا أَعْتَقَ سِتَّةَ أَعْبُدٍ عِنْدَ مَوْتِهِ ، وَلَمْ يَكُنْ لَهُ مَالٌ غَيْرُهُمْ ، فَبَلَغَ ذَلِكَ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَأَقْرَعَ بَيْنَهُمْ ، فَأَعْتَقَ اثْنَيْنِ وَأَرَقَّ أَرْبَعَةً " .
Imran bin Husain said: A man emancipated six slaved at the time of his death and he had no other property. The Prophet ﷺ was informed about it. He cast lots among them, emancipated two and retained four in slavery.
Related hadith on this topic
Explanation & Benefits
Hafiz Muhammad Ameen
1960. Commentary:
➊ The funeral prayer (janazah) of such a person will indeed be performed, but his bequest (wasiyyah) will be corrected in accordance with the Shariah.
➋ A person near death does not have the authority to dispose of more than one third of his wealth; that is, he cannot make a bequest for more than one third of his wealth.
➌ Contrary to this Prophetic ruling, the Hanafi opinion is that “all the slaves will be set free: each one’s freedom will be counted as a bequest for one third, and for the remaining two thirds, the price of each slave will be earned and paid to the heirs.” However, this is an alteration of the decision of the Messenger of Allah (sallallahu alayhi wa sallam), and no member of the Ummah has any right whatsoever to do so.
➍ A bequest can be made not only to a non-heir close relative, but also to anyone else.
➊ The funeral prayer (janazah) of such a person will indeed be performed, but his bequest (wasiyyah) will be corrected in accordance with the Shariah.
➋ A person near death does not have the authority to dispose of more than one third of his wealth; that is, he cannot make a bequest for more than one third of his wealth.
➌ Contrary to this Prophetic ruling, the Hanafi opinion is that “all the slaves will be set free: each one’s freedom will be counted as a bequest for one third, and for the remaining two thirds, the price of each slave will be earned and paid to the heirs.” However, this is an alteration of the decision of the Messenger of Allah (sallallahu alayhi wa sallam), and no member of the Ummah has any right whatsoever to do so.
➍ A bequest can be made not only to a non-heir close relative, but also to anyone else.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 1960
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues: This is the evidence for those who say that in the house of Umm Hani, the Prophet (sallallahu alayhi wa sallam) performed the Duha (forenoon) prayer as an act of gratitude for the conquest.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 1668
Maulana Ataullah Sajid
Benefits and Issues:
➊
Freeing a slave is a very great virtue.
Making an appropriate bequest near death is a good thing.
➋
It is not permissible to give away all of one’s wealth in charity near death; at most, charity can be given up to one third of the total estate. It is better to give even less than this. See: (Sunan Ibn Majah, Hadith: 2708)
➌
The Companion freed all his slaves, whereas he had the right to free only two slaves.
Now, each slave had the right to be counted among those two slaves who could be freed.
From the decision of the Prophet (sallallahu alayhi wa sallam), it is understood that when there are multiple claimants with equal right to something, the decision can be made by drawing lots.
➍
Slavery is permissible in Islam, provided that the method by which the person was enslaved is legally valid according to Shariah; otherwise, kidnapping a free person and making him a slave is a very grave sin, whether the person is a man or a woman, a child or an adult. See: (Sunan Ibn Majah, Hadith: 2442)
➊
Freeing a slave is a very great virtue.
Making an appropriate bequest near death is a good thing.
➋
It is not permissible to give away all of one’s wealth in charity near death; at most, charity can be given up to one third of the total estate. It is better to give even less than this. See: (Sunan Ibn Majah, Hadith: 2708)
➌
The Companion freed all his slaves, whereas he had the right to free only two slaves.
Now, each slave had the right to be counted among those two slaves who could be freed.
From the decision of the Prophet (sallallahu alayhi wa sallam), it is understood that when there are multiple claimants with equal right to something, the decision can be made by drawing lots.
➍
Slavery is permissible in Islam, provided that the method by which the person was enslaved is legally valid according to Shariah; otherwise, kidnapping a free person and making him a slave is a very grave sin, whether the person is a man or a woman, a child or an adult. See: (Sunan Ibn Majah, Hadith: 2442)
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2345
