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سنن ابي داود
Abu Dawud
كتاب العتقThe Book of Manumission of Slaves (Kitab Al-Itaq)
باب فِيمَنْ أَعْتَقَ عَبْدًا وَلَهُ مَالٌChapter: Regarding One Who Manumits A Slave Who Has Property.
Hadith 3962
اُردوEn
حَدَّثَنَا أَحْمَدُ بْنُ صَالِحٍ ، حَدَّثَنَا ابْنُ وَهْبٍ ، أَخْبَرَنِي ابْنُ لَهِيعَةَ ، وَاللَّيْثُ بْنُ سَعْدٍ ، عَنْ عُبَيْدِ اللَّهِ بْنِ أَبِي جَعْفَرٍ ، عَنْ بُكَيْرِ بْنِ الْأَشَجِّ ، عَنْ نَافِعٍ ، عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " مَنْ أَعْتَقَ عَبْدًا وَلَهُ مَالٌ فَمَالُ الْعَبْدِ لَهُ إِلَّا أَنْ يَشْتَرِطَهُ السَّيِّدُ " .
Abdullah bin Umar reported the Messenger of Allah ﷺ as saying: If anyone emancipates a slave who has property, the property of the slave belongs to him except that the master makes a stipulation.
Related hadith on this topic
Brief Explanation
1؎: That is, at the time of emancipation, if he says that this wealth is also yours, I will indeed give it to you, then in this case this wealth will belong to the slave. That is, «يشترطه» means «يعطيه». Another translation of this is: "Thus, the slave's wealth will belong to him, except if the master stipulates (that the wealth will be mine)."
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊
Generally, the wealth that is in the possession of a slave is actually the property of the master, which the master gives him in connection with the fulfillment of his duties.
In this case, when the slave is freed, the wealth that was in his possession will be taken by the owner.
➋
Sometimes it may happen that the master gives the slave permission to work and earn wages, stipulating that the slave should give a certain amount to the master from what he earns, and the rest he may use as he wishes. In this case, the savings accumulated by the slave become his own property.
And if the slave is freed, he will keep this amount with himself and will not return it to the master.
➌
If, at the time of death, the master says, “I free you on the condition that you give me the wealth that is in your possession,” then it will have to be paid.
➊
Generally, the wealth that is in the possession of a slave is actually the property of the master, which the master gives him in connection with the fulfillment of his duties.
In this case, when the slave is freed, the wealth that was in his possession will be taken by the owner.
➋
Sometimes it may happen that the master gives the slave permission to work and earn wages, stipulating that the slave should give a certain amount to the master from what he earns, and the rest he may use as he wishes. In this case, the savings accumulated by the slave become his own property.
And if the slave is freed, he will keep this amount with himself and will not return it to the master.
➌
If, at the time of death, the master says, “I free you on the condition that you give me the wealth that is in your possession,” then it will have to be paid.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2529
