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Hadith 11979

عَنْ عَائِشَةَ رَضِيَ اللَّهُ عَنْهَا قَالَتْ كَانَ فِي بَرِيرَةَ ثَلَاثُ قَضِيَّاتٍ أَرَادَ أَهْلُهَا أَنْ يَبِيعُوهَا وَيَشْتَرِطُوا الْوَلَاءَ فَذَكَرْتُ ذَلِكَ لِلنَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ فَقَالَ ”اشْتَرِيهَا فَأَعْتِقِيهَا فَإِنَّمَا الْوَلَاءُ لِمَنْ أَعْتَقَ“ قَالَ وَعُتِقَتْ فَخَيَّرَهَا وَفِي رِوَايَةٍ وَكَانَتْ تَحْتَ عَبْدٍ فَلَمَّا أَعْتَقَتْهَا قَالَ لَهَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ ”اخْتَارِي فَإِنْ شِئْتِ أَنْ تَمْكُثِي تَحْتَ هَذَا الْعَبْدِ وَإِنْ شِئْتِ أَنْ تُفَارِقِيهِ“ فَاخْتَارَتْ نَفْسَهَا قَالَتْ وَكَانَ النَّاسُ يَتَصَدَّقُونَ عَلَيْهَا فَتُهْدِي لَنَا فَذَكَرْتُ ذَلِكَ لِلنَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ فَقَالَ ”هُوَ عَلَيْهَا صَدَقَةٌ وَهُوَ لَكُمْ هَدِيَّةٌ فَكُلُوهُ“
It is narrated from Sayyida Aisha Siddiqa (may Allah be pleased with her) that there are three rulings in the incident of Sayyida Barirah (may Allah be pleased with her): Her family wanted to sell her on the condition that her wala’ (right of allegiance) would remain theirs. When I mentioned this to the Messenger of Allah (peace and blessings be upon him), he said: Buy her and set her free, for wala’ belongs to the one who sets free. Sayyida Aisha (may Allah be pleased with her) says: So I set her free, and at that time she was married to a slave (Mughith). The Messenger of Allah (peace and blessings be upon him) said to her: You have the choice; if you wish, you may remain in the marriage with the slave, and if you wish, you may separate from him. She chose separation for herself. The third ruling is that people used to give charity to Sayyida Barirah (may Allah be pleased with her), and she would give some of that charity to us as a gift. When I mentioned this to the Messenger of Allah (peace and blessings be upon him), he said: It is charity for her, and for you it is a gift and present from her, so you may eat this food.
Hadith Reference الفتح الربانی / 11979
Hadith Grading محدثین: صحیح
Hadith Takhrij «أخرجه البخاري: 2155، 2565، 2726،ومسلم: 1075، (انظر مسند أحمد ترقيم الرسالة: 24187 ترقیم بيت الأفكار الدولية: 24691»
Brief Explanation
Benefits: … Sayyidah Barirah bint Safwan radi Allahu anha was the freed slave of Umm al-Mu’minin Sayyidah A’ishah radi Allahu anha. In reality, she was a slave woman belonging to the people of the Ansar. They had made a contract of mukatabah (manumission contract) with her, that if she paid a specified amount, they would set her free. She came to the service of Sayyidah A’ishah radi Allahu anha and requested her assistance regarding the payment for the mukatabah. Sayyidah said: If your owners wish, I will pay your entire amount, purchase you from them, and set you free. Her owners agreed to this, but on the condition that the wala’ (right of inheritance/loyalty) would remain with them. Sayyidah mentioned this to the Messenger of Allah sallallahu alayhi wa sallam, so he said: Purchase her and set her free, for the wala’ belongs to the one who sets free; the free person grants freedom. Thus, Sayyidah A’ishah as-Siddiqah radi Allahu anha purchased her and set her free.

At that time, Sayyidah Barirah radi Allahu anha was married to a slave, Mughith. In such a situation, a woman who is freed has, according to the Shari’ah, the choice: if she wishes, she may remain in the marriage with her slave husband, or if she wishes, she may separate from him and marry elsewhere. On this principle, the Messenger of Allah sallallahu alayhi wa sallam gave her the choice, so she chose separation from her husband. Her husband loved her very much; he would walk behind her, pleading with her not to leave him. His tears would flow down his beard and cheeks. He even requested the Messenger of Allah sallallahu alayhi wa sallam to intercede with Barirah radi Allahu anha on his behalf, but Sayyidah Barirah radi Allahu anha said: O Messenger of Allah! Are you commanding me to stay with Mughith radi Allahu anhu? The Prophet sallallahu alayhi wa sallam replied: I am not commanding, I am only interceding. Sayyidah Barirah radi Allahu anha said: O Messenger of Allah! Now I do not wish to remain with him.

Wala’: It is the relationship by which the emancipator becomes the heir of the emancipated.