Bukhari

“I do not know” whether he was free or a slave—the narrator of the hadith, Abdur Rahman bin Qasim, was uncertain about this. Sometimes he said he was free, sometimes a slave, and sometimes he said he did not know whether he was free or a slave. The sound position is that he was a slave. ‘Urwah has agreed with this statement of his. Any doubt that arises later does not affect the matter when the initial statement was made with certainty and is also supported by the most reliable narrators. The remaining details have already been mentioned in the previous two or three chapters.

(1) "She was given the choice" because her husband, Mughith, was still a slave. Hazrat Barirah radi Allahu anha annulled the marriage. It is understood from this that when a woman is freed, divorce does not automatically occur, nor is the marriage contract annulled; rather, she is given the choice.

(2) "Right of wala" refers to the right that the emancipator has over the freed slave, in that the freed person is called his mawla. If the freed slave dies and has no blood relatives as heirs, then the emancipator becomes his heir. When Hazrat Barirah radi Allahu anha approached Hazrat Aisha radi Allahu anha for her freedom, she (Aisha) said: I will buy you outright and set you free. The owner agreed to sell but demanded the "right of wala" for himself, even though this right belongs only to the one who frees the slave for the sake of Allah.

(3) "It is a gift"—from this, the principle is understood that anything which is not inherently impure or forbidden, its status can change. For example: bribery or usury (riba) money is forbidden for the one who receives the bribe or usury, but if the one who received it then gives that money to someone else as wages or a price, it becomes permissible for the recipient; it is not forbidden, because the money itself is not inherently impure or forbidden, rather its status makes it lawful or unlawful. Zakat money is forbidden for the wealthy but lawful for the poor. This principle is very important.

(4) If both husband and wife are slaves, one of them can be emancipated through a contract of manumission (mukatabah). Incidentally, it is also understood that one of them can be sold separately.

(5) If people are committing some wrong or un-Islamic act, scholars should clarify the issue and highlight the relevant Islamic rulings. Furthermore, if there is a religious act or custom that people are likely to engage in in the future, it should be explained in advance in their sermons.

(6) A righteous wife is well-wishing for her husband in every matter. Hazrat Aisha radi Allahu anha did not give him the meat stew because she knew that he (the Prophet sallallahu alayhi wa sallam) did not eat from charity, otherwise he himself did not know, for he was not the knower of the unseen.

(7) There is a difference between charity (sadaqah) and gift (hadiyyah).

(8) The emancipator can accept a gift from the freed person. This does not diminish the reward of emancipating.

For details, see Hadith: 3476, 3477, 3479.

(1) "Whoever purchases"—that is, after purchasing, he also sets her free; otherwise, merely purchasing does not establish the right of wala (the right of inheritance from a freed slave).

(2) "Her husband was free"—these are not the words of Aisha (radi Allahu anha), but rather of Aswad, who was a Tabi‘i (successor), and he was not present at the event. Whereas from Aisha and Ibn Abbas (radi Allahu anhum) there is explicit clarification that he was a slave. Both of them were witnesses to the event, so evidently, their testimony is reliable. Aswad made a mistake. The Hanafis say that he was initially a slave, then before Barirah’s emancipation, he became free, but this interpretation is not correct because Aisha and Ibn Abbas (radi Allahu anhum) are speaking about the time of Barirah and her emancipation. However, it can be said that after this incident, he too became free. There is no problem in this. And Allah knows best.

For further details, see Fawaid wa Masail, Hadith: 4646.

(1) This narration and its detailed discussion have already passed. (See Hadith: 3481) The issue under discussion here is whether a *mukatab* slave can be sold. A *mukatab* is that slave with whom his owner has agreed that if he pays a certain amount in specified installments (or in a lump sum) within a certain period, he will be granted freedom. Clearly, this is a contract that cannot be broken except if the slave, who is the beneficiary of this contract, consents. And it is evident that he will only consent if he is assured of immediate freedom. In such a case, when the slave is gaining more benefit than the contract and both parties are agreeable, then there is no harm in selling him for immediate freedom, as mentioned in the above narrations. However, owners cannot sell him to someone else without his consent for their own benefit, because this is betrayal and breach of promise, in which the government can intervene.

(2) For the detailed benefits and rulings of this narration, please see Fawa’id wa Masail, Hadith: 4646.

(1) If a person stipulates a condition at the time of sale that is not valid according to the Shariah, then the sale itself will be valid, but the condition that is contrary to the Shariah will be void. Therefore, such a condition will be considered null and void and will not be taken into account, as the Messenger of Allah (sallallahu alayhi wa sallam) explained this issue in full clarity in the case of Sayyidah Barirah (radi Allahu anha).

(2) This hadith has many chains of transmission, and different narrations mention different wordings. The reason for this is that the narrators of the hadith sometimes narrated it in detail and sometimes concisely, and all of this was done according to necessity. All the great hadith scholars have accepted this type of variation in narration as it is, and this is the correct approach. The benefit of this is that it makes it easier to derive various rulings and issues from the ahadith. (Therefore, from the mentioned hadith, the scholars have derived numerous issues, which are as follows.)

(3) Mukatabah is permissible. Mukatabah refers to the contract or agreement between a master and his slave or slave-girl, in which a fixed amount is to be paid either in a lump sum or in installments; both forms are permissible. The amount for the mukatabah of a slave or slave-girl can be paid by another person. If someone else pays the agreed amount of the mukatabah and frees the slave or slave-girl, then they will become free, but in this case, the right of wala’ (allegiance) will belong to the one who freed them, not the first owner.

(4) Wala’ refers to the bond or relationship that is established between the emancipator and the emancipated due to the act of freeing. This relationship can neither be sold nor gifted to anyone. It is just like the relationship between a father and son, which can neither be sold nor gifted. The benefit of this relationship is that if the freed person has no agnatic heirs (asaba) or those entitled to fixed shares (dhawu al-furud), then the emancipator becomes the owner of all his property.

(5) If a slave or slave-girl extends their hand to ask for help in paying the amount of their mukatabah, then such asking is permissible, and one should assist them in this matter. Also, from this blessed hadith, it is established that it is permissible for a deserving person to ask for help to fulfill a legitimate need or necessity.

(6) This blessed hadith establishes the legitimacy of mutual consultation, especially the affirmation of mutual consultation between husband and wife. Furthermore, if a wife seeks advice from her husband on an issue, it is necessary for the husband to give her correct advice.

(7) If a slave or slave-girl is unable to pay the agreed amount of the mukatabah, they can be sold. The evidence for this is the words of the Messenger of Allah (sallallahu alayhi wa sallam): "Buy her and free her," i.e., buy her and set her free. See: (Sahih al-Bukhari, al-Mukatab, Chapter: The Mukatab and the like...etc., Hadith: 2560, and Sahih Muslim, al-'Itq, Chapter: Mention of the Effort of the Slave, Hadith: 1504)

(8) If both husband and wife are slaves, then either one of them can be sold. It is not necessary that both be sold together.

(9) From this hadith of Barirah, it is also known that it is permissible to make a contract of mukatabah with a slave or slave-girl who does not possess wealth or property, whether or not they have the means to earn wealth.

(10) A mukatab slave or slave-girl will not be free until the entire agreed amount of the mukatabah is paid. As long as even one dirham remains due, they will remain slaves, and all other rulings will apply to them accordingly, i.e., the rulings of marriage, divorce, and hudud (prescribed punishments) will be those applicable to slaves.

(11) This blessed hadith also establishes that the sale and emancipation of a married slave-girl does not constitute divorce or annulment of marriage, because Sayyidah Barirah (radi Allahu anha) was later given the choice to remain in the marriage with her husband Mughith or to separate from him. After being given this choice, she chose to separate from her husband.

(12) The owner may have intercourse (jima‘) with his slave-girl; however, if she is someone’s wife, then it is not permissible. Also, merely selling the slave-girl does not make intercourse with her lawful. The fact that Sayyidah Barirah was given the choice to remain with her husband or not is clear evidence that her relationship with her husband still existed. If no relationship remained, then what would the choice have been about?

(13) If, at the time of asking, the questioner is not compelled, he may still ask, i.e., while planning for the future, one may ask about a need before the time of necessity actually arrives.

(14) It is permissible to seek help and financial assistance from a married woman, as Sayyidah Barirah (radi Allahu anha) sought financial assistance from Sayyidah Aishah (radi Allahu anha) regarding her mukatabah, and she accepted her request, bought Barirah, and set her free.

(15) A married woman may dispose of her wealth without her husband's permission, provided that the disposal is for a legitimate need.

(16) Spending wealth for the sake of reward, and even spending more than what is necessary, is permissible, as Sayyidah Aishah (radi Allahu anha) paid the entire amount of Barirah’s (radi Allahu anha) mukatabah, which was agreed to be paid in nine installments over nine years, in a lump sum and freed her immediately.

(17) It is permissible for a slave or slave-girl to strive and make efforts for their freedom, even if, for this purpose, they have to ask someone who will buy and free them. Even if this causes a loss to the owner, there is no harm in it. This is because the Lawgiver (sallallahu alayhi wa sallam) praised the emancipation of slaves and encouraged this great virtue, so every possible effort should be made for it.

(18) If a person sells a slave or slave-girl but stipulates the condition that they will continue to serve him, this condition will be void.

(19) If a mukatab pays his installment from wealth that was given to him as charity (sadaqah), there is no harm in it, and the owner should not hesitate to accept such payment, even if it is made before the due time. The mukatab is, in fact, still a slave until he pays the entire amount, and it is permissible to give charity to a slave. When charity reaches its proper recipient, it becomes permissible for a wealthy person to use it.

(20) When the Messenger of Allah (sallallahu alayhi wa sallam) learned that the owners of Sayyidah Barirah (radi Allahu anha) were stipulating a condition that was not valid according to the Shariah, he delivered a sermon and clarified the issue without naming anyone, and declared every such condition that contradicts the Qur’an and Sunnah to be void. From this, it is known that when an important Shariah matter arises, it is prescribed to deliver a sermon while standing.

(21) If someone commits an un-Islamic or objectionable act, then in such a case, the correction should be made without naming the wrongdoer. Doing so is recommended and preferred, rather than shaming or disgracing anyone.

(22) This hadith also shows that non-mahram women may enter a person’s house, whether the male owner of the house is present or not.

(23) Charity (sadaqah) is absolutely forbidden for the Messenger of Allah (sallallahu alayhi wa sallam). Charity cannot be given to him, nor can he consume charity. However, if charity is given to a deserving person and that person then presents it to the Prophet (sallallahu alayhi wa sallam) as a gift, then this is permissible.

(24) It is permissible for a wealthy and affluent person to accept a gift from a needy and poor person. It is also understood that the rulings of charity and gift are distinct.

(25) If a person is pleased for someone to eat at his place, then that person may eat and drink from his house even without explicit permission.

(26) It is recommended to ask such questions from which knowledge is gained, or from which manners are learned, or a ruling is clarified, or a doubt is removed.

(27) This blessed hadith also shows that if a small thing is given in charity to someone, it should be accepted, and one should not express displeasure over it.

(28) This blessed hadith also shows that making a believer happy is a recommended and preferred act. In the light of authentic ahadith, such an act is beloved to Allah, the Exalted.

(29) This blessed hadith also indicates the excellent manners of Sayyidah Barirah (radi Allahu anha), as she did not reject the intercession of the Messenger of Allah (sallallahu alayhi wa sallam) in a blunt manner, but rather said, "I have no need for my husband Mughith."

(30) The intercessor certainly receives reward for his legitimate intercession, whether his intercession is accepted or rejected.

(31) This hadith also shows that excessive love can be a great trial for a person. Sometimes, it leads to great difficulties, as can be seen from the state of Sayyidah Barirah’s (radi Allahu anha) husband, Sayyiduna Mughith (radi Allahu anhu), who used to follow her in the streets of Madinah. May Allah protect us from this.

(32) Reconciling between two people who harbor enmity towards each other is recommended, even if they are husband and wife. In the case of husband and wife, this responsibility increases so that the children are protected from the effects of mutual hatred and discord between the parents. The Messenger of Allah (sallallahu alayhi wa sallam), while interceding for Sayyidah Barirah regarding Sayyiduna Mughith (radi Allahu anhu), also said: "He is the father of your child."

(33) It is also permissible to attribute a child to his mother.

(34) A woman who has previously been married should not be forced, even if she is a freed slave.

(35) In the case of annulment (faskh) of marriage, there is no return (ruju‘), but a new marriage (nikah) can take place.

(36) If a woman dislikes her husband, her guardian should not force her to remain with him; and if the situation is the opposite, that the woman loves her husband, then the guardian should not cause separation or division between her and her husband.

(37) The commentators of hadith have derived approximately one hundred and fifty (150) benefits and rulings from this blessed hadith, but for the sake of brevity, we have sufficed with the aforementioned benefits and rulings. For further details, see: (Dhakheerat al-‘Uqba, Sharh Sunan al-Nasa’i by al-‘Atyubi: 9/29-19). For further discussion on this narration, see ahadith 3477 to 3484.

(1) Hazrat Barirah radi Allahu anha was a slave woman belonging to another family. She used to come and go to Hazrat Aishah radi Allahu anha for service. She made an agreement with her owners for her freedom that she would pay her price in installments herself and be set free. They agreed. When Hazrat Aishah radi Allahu anha found out, she offered to buy her outright by paying the full price and then set her free. The owners agreed but said: the right of wala will remain ours, whereas the mawla is the one who sets free. Hazrat Aishah radi Allahu anha presented this issue before the Messenger of Allah sallallahu alayhi wa sallam, and he gave the aforementioned answer.

(2) By "wala" is meant the right that the emancipator has over the freed slave, for example: he is called the mawla. If the slave dies and has no blood relatives as heirs, the inheritance goes to the emancipator, etc.

(3) If a married slave woman is freed, after her emancipation she has the choice either to maintain her marriage with her previous husband or to annul it. However, according to the majority of scholars, this choice is only if her husband is a slave. If he is free, then even after her emancipation, the woman does not have the right to end the marriage. Hazrat Barirah radi Allahu anha's husband was a slave, his name was Mughith. However, according to the Hanafi scholars, whether the husband is free or a slave, the emancipated woman has the right to annul the marriage.

(4) "Meat was brought." This meat was from charity (sadaqah). Someone had sent it to Hazrat Barirah radi Allahu anha. She sent some of the meat as a gift to Hazrat Aishah radi Allahu anha. Obviously, the meat given as charity becomes the property of the recipient; now, if she gives it to someone else as charity, for that person it is charity, and if she gives it as a gift, for that person it is a gift. That is why the Prophet sallallahu alayhi wa sallam ate that meat.

(5) "He was free." In other narrations, it is explicitly stated that this is the statement of Hazrat Aswad, not Hazrat Aishah radi Allahu anha. And Aswad is a Tabi'i. In other narrations, there is the explicit statement of Hazrat Aishah and Hazrat Ibn Abbas radi Allahu anhum that Barirah's husband was a slave. (Sahih al-Bukhari, al-Talaq, Hadith: 5282, and Sahih Muslim, al-'Itq, Hadith: 1504) If he had not been a slave, she would not have been given the choice, because even after emancipation, a woman does not become of higher status than her husband.

(6) In detailed narrations, it is explicitly stated that Hazrat Barirah radi Allahu anha annulled the marriage despite Hazrat Mughith's pleading. See: (Sahih al-Bukhari, al-Talaq, Hadith: 2583)

Explanation:
1:
Wala’ is the inheritance left by a freed slave who dies.
From this hadith, it is understood that it is not valid for the seller to stipulate the condition of wala’.
Wala’ will belong only to the one who purchases and then frees (the slave).

Hadith Commentary:

After a slave is set free, the bond of brotherhood between the master and the freed slave is called "wala’" (ولاء).
Even after being freed, the slave would still remain in some way connected to the original master.
Upon this, the Messenger of Allah (sallallahu alayhi wa sallam) said that this right belongs to the one who purchases and then frees the slave.
Now, the bond of brotherhood will be with the one who bought and freed him, instead of the original master.
The correspondence between the chapter and the hadith is evident.

Hadith Commentary:
(1)
The relationship that is established between the emancipator and the emancipated slave after the slave is set free is called "wala’" (ولاء). This relationship is established with the emancipator instead of the original owner. Its benefit is that if the emancipated slave dies and has no blood relative as an heir, then his inheritance goes to the emancipator.

(2)
Since Barirah (radi Allahu anha) was a freed slave woman of Aisha (radi Allahu anha), charity (sadaqah) was permissible for her. And when charity reaches its rightful recipient, its specific status ceases. Now, it becomes permissible for others to use it, even those who were not previously allowed to use it, because when something is prohibited due to a particular reason, it becomes permissible once that reason is no longer present. Therefore, the Prophet (sallallahu alayhi wa sallam) would consume meat that had been given as charity.

(3)
In charity (sadaqah), the aspect of worship along with reward is predominant, whereas in a gift (hadiyyah), the aspect of mutual love along with reward is prominent.
And Allah knows best.

Hadith Commentary:
Vocabulary of the Hadith:
Katibuni:
Kitabah means that a slave says to his master,
“I will pay you such-and-such an amount,
in such-and-such installments,
over such-and-such a period, and you will set me free.”
After the complete payment of the installments, the slave will become free.
If the master accepts his proposal,
the master himself can also make this offer.

Benefits and Issues:
The Prophet (sallallahu alayhi wa sallam) would not confront someone by mentioning their name in front of everyone regarding their mistake or sin.
Rather, without naming anyone, he would prohibit that action, and the Prophet (sallallahu alayhi wa sallam) instructed Aisha (radi Allahu anha) to accept the condition for this reason:
so that, in this way, a means of preventing it and informing everyone would be established, and then, on their own, they would withdraw from that condition,
they would abandon their demand, and people would come to know that conditions contrary to Allah’s command are null and void, and there is no benefit in stipulating them.

Hadith Commentary: Benefits and Issues: 1.
A condition that is contrary to the Shari'ah ruling, and that Shari'ah ruling is clear, then such a condition is void. Whether it is stipulated or not, it is the same, and it will be considered null and void, because fulfilling such a condition is not within their capacity according to the Shari'ah.

2.
The statement of Hazrat Aisha radi Allahu anha that "I will pay your compensation for the contract of manumission (kitabah)," her real intention by this was to purchase and free Barirah. As mentioned in the previous narration: (aradat an tashtari jariyah) — that she wanted to buy the slave-girl with the intention of freeing her, because if the sole purpose was merely to pay the compensation for the contract of manumission, then this would have been simply an act of kindness and charity, and in that case, the attribution of emancipation would have been to the owner who made the contract of manumission. Therefore, the Prophet sallallahu alayhi wa sallam said: (ibta'i fa a'tiqi) — "Buy and free her."

3.
It is understood from this hadith that if a slave (mukatab) or slave-girl (mukatabah) is willing for another person to purchase and free them, then it is permissible to buy them. This is the position of Imam Ahmad rahimahullah, Imam Malik rahimahullah, and Imam Abu Nakhai rahimahullah. According to Imam Shafi'i rahimahullah and Imam Abu Hanifah rahimahullah, it is not permissible to purchase a slave (mukatab) or slave-girl (mukatabah) unless they become incapable of paying the compensation for the contract of manumission and revert to being a slave again. However, according to Imam Abu Hanifah rahimahullah, if the slave consents to the sale, then it is permissible; otherwise, it is not.

4.
The meaning of (laysa fi Kitabillah) is: a condition that is contrary to the law and command of Allah, whether that ruling is established by the Qur'an, or by the Sunnah, or whose permissibility is not established by the command of Allah.

Hadith Commentary: Benefits and Issues: In Sahih Bukhari, there is a narration from Ibn Abbas radi Allahu anhuma that the husband of Barirah, whose name was Mughith, was circling around her weeping, and his tears were flowing down his beard. I still remember this scene. Then the Prophet sallallahu alayhi wa sallam said, "O Abbas radi Allahu anhuma! Are you not amazed at how much Mughith loves Barirah and how much Barirah dislikes Mughith?" From this, it is established that the reason for giving Barirah the choice (of separation) was her being a slave. If she had been free, the wife would not have been given the option. This is the position of the three Imams: Imam Malik rahimahullah, Imam Shafi'i rahimahullah, Imam Ahmad rahimahullah, and the majority of scholars. However, according to Imam Abu Hanifah rahimahullah, Nakha'i, and Shu'bi rahimahullah and others, a slave woman, upon being freed, will be given the option in every case, whether the husband is free or a slave, and this is also the position of the Ahl al-Zahir. The real cause of this difference is whether Mughith was free or a slave. The three Imams give preference to the view that he was a slave at the time of Barirah's emancipation, even though later he too became free.

And from this hadith, it is also established that when something is given in charity to a needy or poor person, he becomes its owner and can dispose of it as he wishes. Now, if he gives it as a gift to someone else or sells it, it will no longer be considered charity. In this case, even a Hashimi or a wealthy person, if it is food, may eat it.

From these three incidents related to Barirah radi Allahu anha, the scholars have derived four hundred legal rulings, and some Imams have written independent books on this hadith. In Sunan al-Daraqutni, there is mention of a fourth ruling: that the Prophet sallallahu alayhi wa sallam ordered the completion of the waiting period ('iddah) as is required for a free woman.

Benefits and Issues:

➊
The ruling regarding an item changes when its ownership changes.
If a poor person receives something as charity and then presents it as a gift to a wealthy person, or if the wealthy person purchases that item from him, then for the wealthy person, that item will not be considered as charity.

➋
“Wala’” refers to the relationship that is established between the emancipator and the emancipated person due to the act of emancipation.
Because of this relationship, the emancipated person is considered a member of the same family to which the emancipator belongs.
If the emancipated person has no other heirs, then the emancipator becomes his heir.
This is called the right of wala’ (haqq al-wala’).

Explanation:
1:
By "wala" is meant those rights which the emancipator obtains in relation to the one whom he has set free.

Appropriateness Between the Chapter and the Hadith:

Imam Bukhari rahimahullah established a chapter regarding buying and selling with women, and as evidence, he mentioned the incident of Sayyidah Barirah radi Allahu anha. The relevance between the chapter heading and the hadith is as follows: The Prophet sallallahu alayhi wa sallam said to Umm al-Mu’minin Aisha radi Allahu anha: «اشتری و اعتقی» meaning, “You buy and free her.” Necessarily, whoever buys from Umm Aisha radi Allahu anha, it becomes permissible for him to buy from a woman. Thus, this is where the appropriateness between the chapter heading and the hadith lies.

Allamah ‘Ayni rahimahullah says:

«ومطابقۃ حدیث ابن عمر للترجمۃ فى قولہ : ”سَاوَمَت“ فأمنا ساومت أہل بریرۃ، وہو البیع والشراء بین الرجال و النساء» [عمدۃ القاری، ج 8، ص : 258]

That is, “The correspondence between the chapter heading and the hadith is in the statement, ‘She was bargaining over the price’ (i.e., Umm Aisha radi Allahu anha was bargaining over the price so that she could buy and free her). Thus, Umm Aisha radi Allahu anha bargained with the owners of Sayyidah Barirah radi Allahu anha, and this is «البیع و الشراء بین الرجال و النساء» that buying and selling occurs between men and women.”

Imam Qastallani rahimahullah says:

The appropriateness with the chapter heading is that the Prophet sallallahu alayhi wa sallam said, “You buy Barirah,” and this address was to Umm Aisha radi Allahu anha. The act of buying in the hadith of Sayyidah Barirah radi Allahu anha is that Umm Aisha radi Allahu anha bought her from her owners. [ارشاد الساری، ج 4، ص : 250]

Hafiz Ibn Hajar rahimahullah says:

«اور د فیہ حدیث عائشۃ و ابن عمر فى قصۃ شراء بریرۃ، وشاہد الترجمۃ قولہ : مابال رجال یشترطون لیست فى کتاب اللہ، لاشعارہ بأن قصۃ المبایعۃ کانت مع رجال۔۔۔۔۔» [فتح الباری، ج 3، ص : 370]

That is, from this hadith it is known that buying and selling with women is permissible, as Umm Aisha radi Allahu anha bought the slave woman Sayyidah Barirah radi Allahu anha (from a man), and the Prophet sallallahu alayhi wa sallam approved it. Thus, he said, “Buy her,” and the evidence for this is the statement of the Prophet sallallahu alayhi wa sallam, “What is the matter with people who stipulate conditions not found in the Book of Allah?” Therefore, this indicates that the transaction was with Sayyidah Aisha radi Allahu anha. Hence, this is where the appropriateness between the chapter heading and the hadith lies.

Benefit Number 1:

From the above hadith, Imam al-Fuqaha’ wal-Muhaddithin Imam Bukhari rahimahullah has established several important rulings, which he has mentioned in various chapters. Imam Shawkani rahimahullah writes: The Prophet sallallahu alayhi wa sallam knew well that the condition of wala’ (allegiance) was invalid, and this principle was well-known and not hidden from the people of Barirah. Yet, when they insisted on this condition despite knowing its invalidity, the Prophet sallallahu alayhi wa sallam, as a warning, gave a general command: “Buy Barirah.” Just as Allah Ta’ala says: «﴿اعْمَلُوا مَا شِئْتُمْ﴾» “Do whatever you wish.” [فصلت : 40] This was said as a warning, as if the Prophet sallallahu alayhi wa sallam said, “Let them stipulate the condition of wala’, they will soon know that they will gain no benefit from it.” This issue is further supported by the Prophet sallallahu alayhi wa sallam’s indication: “What is the matter with people who stipulate conditions not found in the Book of Allah?” Thus, all such conditions are invalid, even if they are enforced, but according to Islamic law, they have no standing. [نیل الأوطار شرح منتقی الاخیار، ج 5، ص : 236، 237]

Benefit Number 2:

In the aforementioned hadith, the Messenger of Allah sallallahu alayhi wa sallam said, “What is the matter with people who stipulate conditions not found in the Book of Allah?” and the knowledge he gave that “Wala’ is only for the one who frees,” if we reflect, this condition set by the Prophet sallallahu alayhi wa sallam is not found in the Qur’an, but rather in the hadith of the Messenger of Allah sallallahu alayhi wa sallam. Therefore, from his words, it is established that in the Shari’ah, the term “Book of Allah” does not apply only to the Qur’an, nor only to that book which is between two covers «بین الدفتین», but rather, the term “Book of Allah” applies to all laws of the Shari’ah, whether they are included in the Qur’anic text or in the statements of hadith. There is an extreme lack of knowledge in the Muslim Ummah and a severe deficiency in the recognition of authentic hadith; in these circumstances, the general and the specific, except whom Allah wills, hold the belief and view that the term “Book of Allah” applies only to the Qur’an. But if, on the contrary, one reflects deeply and insightfully, it becomes clear that the ruling of “Book of Allah” applies to the entire Shari’ah. And the above hadith also supports this. Another hadith, which Imam Bukhari rahimahullah also mentions in Sahih Bukhari, is as follows:

Sayyiduna Abu Hurairah radi Allahu anhu and Sayyiduna Zayd bin Khalid al-Juhani radi Allahu anhu report that a Bedouin came and said: “O Messenger of Allah sallallahu alayhi wa sallam! Judge between us according to the Book of Allah.” The other also said: “He has spoken the truth; judge between us according to the Book of Allah.” The Bedouin said: “My son was a laborer for this man, then he committed adultery with his wife. The people said: ‘Your son should be stoned,’ but I gave a hundred sheep and a slave girl as compensation for my son’s crime. Then I asked the knowledgeable, and they told me that there is no solution except that your son should be given a hundred lashes and exiled for a year.” The Prophet sallallahu alayhi wa sallam said: “I will judge between you according to the Book of Allah. The slave girl and the sheep are to be returned to you, but your son will be given a hundred lashes and exiled for a year. And O Anis, go to this woman’s house and stone her (if she confesses to adultery).” So Anis went and stoned her because she confessed to adultery. [صحیح البخاری، کتاب الصلح، رقم 2695]

Looking at the above incident, it becomes clear that the ruling the Messenger of Allah sallallahu alayhi wa sallam gave, “Return the sheep and the slave girl,” is not found anywhere in the entire Qur’an, and the Prophet sallallahu alayhi wa sallam swore that “I will judge between you according to the Book of Allah.” Thus, it is known that the term “Book of Allah” applies not only to the Qur’an but also to the rulings of the Messenger of Allah sallallahu alayhi wa sallam.

Imam Tahawi rahimahullah says:

By “Book of Allah,” the Messenger of Allah sallallahu alayhi wa sallam (and Allah knows best) meant the command of Allah. Even if that command is not explicitly mentioned in the Book of Allah (the Qur’an), we have accepted the command of the Messenger of Allah sallallahu alayhi wa sallam along with the Book of Allah (the Qur’an), because Allah Ta’ala says in the Qur’an: “Whatever the Messenger gives you, take it, and whatever he forbids you, abstain from it.” Therefore, since following him (the Messenger of Allah sallallahu alayhi wa sallam) is due to the Book of Allah, accepting his command is also obligatory. Certainly, every ruling the Messenger of Allah sallallahu alayhi wa sallam issued is with the Book of Allah, even if that ruling is not explicitly mentioned in the Book of Allah (the Qur’an). [ذم الکلام وأہلہ للہروی، ج 2، ص : 91]

Allah Ta’ala said in Surah Tawbah regarding the number of months: «﴿فِی کِتَابِ اللّٰہِ﴾» [التوبۃ : 36] that the number of months with Allah is twelve in the Book of Allah from the day He created the heavens and the earth; of these, four are sacred. However, from a complete reading of the Qur’an, we do not find the enumeration of twelve months; rather, the count and order of the twelve months and the four sacred months are received from the hadiths of the Messenger sallallahu alayhi wa sallam. This verse also establishes that hadith is, in a clear sense, the Book of Allah, and in the presence of these evidences, to turn elsewhere is mere stubbornness.

Muhammad bin Abu Bakr al-Razi says in Masa’il Razi:

«وإنما ہو أمر أنزلہ اللہ فى کتبہ على ألسنۃ رسلہ۔» [مسائل الرازی، ص : 113]

“This is a command which Allah Ta’ala revealed in His Book through the tongue of His Messenger sallallahu alayhi wa sallam.”

That is, Allah Ta’ala clarified this ruling through hadith.

Ibn al-Mulaqqin rahimahullah says:

«و المراد بکتاب اللہ أى بحکمہ، إذ لیس فى الکتاب ذکر الرجم، وقد جاء الکتاب بمعنی الفرض۔» [التوضیح لشرح الجامع الصحیح، ج 17، ص : 29]

“Here, by ‘Book of Allah’ is meant (not the Qur’an, but) the command of Allah, while the ruling of stoning is not found in the Qur’an, and certainly, by ‘Book’ is meant obligation (i.e., the ruling of stoning is also Allah’s command, but it is not in the Qur’an, it is found in the Sunnah).”

Muhammad Isma’il Salafi rahimahullah says:

In some verses of the Noble Qur’an, it is mentioned in such a way that the meaning of the Qur’an is not complete without the hadith. This is the voice of the Qur’an itself, which proves the necessity of hadith. By way of textual indication, the Qur’an establishes the necessity of hadith. A respectful request to the deniers of hadith is that, as students, they should also consider the Qur’an from this perspective. Perhaps Allah Ta’ala will open their hearts and grant them the opportunity to benefit from understanding.

«﴿إِنَّ عِدَّۃَ الشُّہُورِ عِنْدَ اللّٰہِ اثْنَا عَشَرَ شَہْرًا فِی کِتَابِ اللّٰہِ۔۔۔۔۔ الآیۃ﴾» [التوبۃ : 36]

“Indeed, the number of months with Allah is twelve months in the Book of Allah from the day He created the heavens and the earth; of these, four are sacred.”

The mention of these four months comes in the Qur’an in a general way; fighting and conflict are prohibited in them, and initiating fighting is forbidden in them. But neither are the names of the twelve months mentioned in the Qur’an, nor is there any detailed mention of the four months. This mention is found in the hadiths or in the history of the Arabs. It is not known which sacred source our “People of the Qur’an” will accept. [حجیت حدیث از محمد اسمٰعیل سلفی رحمہ اللہ، ص : 167]

I say: It is astonishing and surprising that from the Qur’anic statement and historical references, it is clear that the Arabs used to alter the count of the months, because of which Allah Ta’ala said:

«﴿إِنَّمَا النَّسِیءُ زِیَادَۃٌ فِی الْکُفْرِ﴾» [التوبۃ : 37] “Postponing (of the months) is an increase in disbelief.”

But on the other hand, regarding the collection of the hadiths and Sunnah of the Messenger sallallahu alayhi wa sallam and their authenticity, the Qur’an has openly declared that they will be protected from all kinds of alteration and change and will remain a source of guidance until the Day of Judgment, just like the Qur’an. Yet, despite this, history can be relied upon, but not hadiths—astonishing is such narrow-mindedness.

Many people are also under the misconception that “Book” refers only to something voluminous, because in the Prophetic era, hadiths were not compiled in the form of a single book (even though this very objection applies to the Qur’an as well), and therefore, the ruling of “Book” does not apply to hadiths.

When Prophet Sulayman alayhis salam sent his letter to Bilqis, the Qur’an says:

«﴿اذْہَبْ بِکِتَابِی ہَذَا فَأَلْقِہْ إِلَیْہِمْ﴾» [النمل : 28]

“Take this letter of mine and deliver it to them.”

Then, when this letter was given to her, Bilqis said:

«﴿یَا أَیُّہَا الْمَلَأُ إِنِّی أُلْقِیَ إِلَیَّ کِتَابٌ کَرِیمٌ﴾» [النمل : 29]

“O assembly! A noble letter has been delivered to me.”

From these verses, it is known that it is not necessary for something voluminous to be called a “book.” The clarification of this “book” is further given in Surah An’am as follows:

«﴿وَلَوْ نَزَّلْنَا عَلَیْکَ کِتَابًا فِی قِرْطَاسٍ فَلَمَسُوہُ بِأَیْدِیہِمْ لَقَالَ الَّذِینَ کَفَرُوا إِنْ ہَذَا إِلَّا سِحْرٌ مُبِینٌ﴾» [الانعام : 7]

“And if We had sent down to you a book on paper, and they touched it with their hands, those who disbelieve would have said: ‘This is nothing but clear magic.’”

In this verse too, «قرطاس» “paper” is called a book. Therefore, the claim of the deniers of hadith that revelation always comes in the form of a book is invalid. In reality, the meaning of “book” is that it contains a command or something made obligatory; all these types apply to both the Qur’an and the hadiths of the Messenger of Allah sallallahu alayhi wa sallam.

In the renowned Arabic lexicon Lisan al-Arab, Ibn Manzur writes:

«وقال، کَتَبْنَا عَلَیْہِمْ فِیْہَا أَیْ فَرَضْنَا، وَمِنْ ہٰذَا قَوْلُ النَّبِیِّ صَلَّى اللّٰہُ عَلَیْہِ وَسَلَّمَ لِرَجُلَیْنِ احْتَکَمَا إِلَیْہِ۔۔۔۔۔» [لسان العرب، ج 12، ص : 23]

“That is, it is said: ‘We have written for them in it,’ meaning (by writing) ‘We have made it obligatory for them,’ and this is the statement of the Prophet sallallahu alayhi wa sallam when two people came to him for judgment, and he said: ‘I will certainly judge between you according to the Book of Allah,’ meaning what Allah Ta’ala has revealed in His Book or to His servant. (Ibn Manzur says) This judgment was regarding stoning, and its ruling is not found in the Qur’an... And it is also said (the meaning of ‘book’) is to make something obligatory, which Allah Ta’ala has revealed, or a command which is stated by the tongue of the Messenger of Allah sallallahu alayhi wa sallam (i.e., that too holds the ruling of ‘book’).”

Ibn Manzur’s explanation clarifies that everything in which a command is given or something is made obligatory, whether it is written in the Qur’an or in the hadiths of the Messenger of Allah sallallahu alayhi wa sallam, is a “book.”

Ibn Athir rahimahullah explains regarding the “Book of Allah”:

In the hadith of Sayyidah Barirah radi Allahu anha, “Whoever stipulates a condition not found in the Book of Allah,” meaning that ruling is not in the Book, nor is its judgment obligatory in the Book, because by “Book of Allah” is meant the obedience to the Prophet sallallahu alayhi wa sallam, and know that the Sunnah is the explanation of the Qur’an. And certainly, the Prophet sallallahu alayhi wa sallam assigned wala’ to the one who frees, and this ruling of wala’ is not mentioned in the Qur’an (i.e., it is in the hadith, and that too is the Book of Allah). [النہایہ فى غریب الحدیث والأثر، ج 4، ص : 128]

Imam Ibn Athir rahimahullah also clarified that by “book” is meant command and obligation, and its application is to both the Qur’an and the Sunnah.

Shihab al-Din Abu ‘Amr says in «القاموس الوافی»:

“By ‘book’ is meant a collection, letters, books, the Noble Qur’an, the Torah, the Gospel... the commands, and the statement of the Prophet sallallahu alayhi wa sallam: ‘I will certainly judge between you according to the Book of Allah.’ (This is the incident of ‘Asif, which Bukhari rahimahullah narrated).” [القاموس الوافی، ص : 922]

Shihab al-Din Abu ‘Amr also, while explaining “book,” mentioned the hadith of the Messenger of Allah sallallahu alayhi wa sallam in which it is stated: “I will certainly judge between you according to the Book of Allah,” i.e., hadith is also included in the Book of Allah.

In Misbah al-Lughat it is stated:

“Al-Kitab: that which is written, a letter, a scroll, an obligation, a command, a measure, every book that has been revealed from Allah Ta’ala.” [مصباح اللغات، ص : 723]

These same words are also quoted in al-Munjid. [دیکہئے المنجد، ص : 860]

This is a reality that even a source of the deniers of hadith, Ghulam Ahmad Parwez, did not deny; rather, he also acknowledged it. Mr. Parwez says:

“The meaning of ‘book’ also includes decision and command.” [لغات القرآن، ص : 1414]

It is astonishing that Parwez also accepts the meaning of “book” as command and decision, and it is also known that the complete example of the Prophet sallallahu alayhi wa sallam is a model for humanity, which is not mentioned in full detail in the Qur’an, but many aspects of it are highlighted in the Sunnah of the Messenger (the hadiths of the Messenger sallallahu alayhi wa sallam). But despite this reality, what is the meaning of turning away from this truth?

Therefore, from these quotations, it is clear that by “book” is meant command and obligations, which includes, along with the Qur’an, the hadith of the Messenger sallallahu alayhi wa sallam. For further detail, a few hadiths are presented:

➊ It is narrated in Musnad Ahmad ibn Hanbal that a companion, Sayyiduna Talhah ibn Ubayd radi Allahu anhu, requested the Prophet sallallahu alayhi wa sallam to write something regarding charity, and the Prophet sallallahu alayhi wa sallam accepted his request. Thus, the companion states:

«فَکَتَبَ لَنَا رَسُوْلُ اللّٰہِ صَلَّى اللّٰہُ عَلَیْہِ وَسَلَّمَ ہَذَا الْکِتَابْ» [مسند أحمد، ج 3، ص : 23] “So the Messenger of Allah sallallahu alayhi wa sallam had this book written for us.”

In the above hadith, a written command is also called a “book.” Thus, from this hadith, it is clear that whatever contains obligatory commands is called a “book.”

➋ Musa ibn Talhah rahimahullah says:

«عِنْدَنَا کِتَابٌ مَعَاذ رَضِیَ اللّٰہُ عَنْہُ عَنِ النَبِیِّ صَلَّى اللّٰہُ عَلَیْہِ وَسَلَّمَ» [سنن الدارقطنی، کتاب الزکوۃ، رقم : 1898]

“We have a book of Sayyiduna Mu’adh radi Allahu anhu which he had written from the Prophet sallallahu alayhi wa sallam.”

Although this document only contained issues of charity, it was still called a “book” because it contained obligations and commands.

➌ «قَالَ : أَتَانَا کِتَابُ رَسُولِ اللّٰہِ صَلَّى اللّٰہُ عَلَیْہِ وَسَلَّمَ : أَنْ لَا تَنْتَفِعُوا مِنَ الْمَیْتَۃِ بِإِہَابٍ وَلَا عَصَبٍ» [سنن النسائی، کتاب الفرع والعتیرہ، رقم : 4256 - سنن الترمذی، کتاب اللباس، رقم : 1729 - صحیح ابن حبان : 1278 - مسند عبد بن حمید : 488]

“Abdullah ibn ‘Ukaim says: A book of the Prophet sallallahu alayhi wa sallam came to us stating: Do not benefit from the skin of a dead animal.”

In this hadith too, only one command was written, which the narrator referred to as a “book.”

Benefit Number 3:

Under this chapter, in hadith number 2156, Imam Bukhari rahimahullah’s teacher is Hassan ibn Abi ‘Abbad, about whom Imam Ibn ‘Adi rahimahullah wrote: There are two Hassans, one is Hassan ibn Hassan al-Basri and the other is Hassan ibn Abi ‘Abbad al-Basri. See Ibn ‘Adi’s book: «أسامی من روى عنہم البخاری فى جامعہ الصحیح، ص : 117». In reality, this is a mistake that occurred to him, because Hassan ibn Hassan ibn Abi ‘Abbad is one and the same person. Allamah ‘Ala’ al-Din Mughaltai (d. 764 AH) has clarified that this Hassan is only one, not two. [دیکہئے : اکمال تہذیب الکمال، ج4، ص : 61]

Ibn ‘Adi rahimahullah mentioned Imam Bukhari’s teacher Hassan ibn Hassan separately from Hassan ibn Abi ‘Abbad. However, the correct view is that (these two) are one and the same person.

His full name is “Hassan ibn Hassan al-Basri Abu ‘Ali ibn Abi ‘Abbad.” Hafiz Ibn Hajar rahimahullah says that Imam Bukhari rahimahullah narrated only two hadiths from him. [ہدى الساری، الفصل التاسع، ص : 559]

Hafiz Ibn Hajar rahimahullah’s statement is questionable because Imam Bukhari rahimahullah did not narrate only two hadiths from Hassan ibn Hassan, but rather, he narrated about six hadiths from him in Sahih Bukhari. Allamah Mughaltai says: “Muhammad ibn Isma’il narrated six hadiths from him,” i.e., Imam Bukhari rahimahullah narrated six hadiths from him. After searching, by the grace of Allah, I have found these six hadiths. Imam Bukhari rahimahullah narrated from him in the following places; one has already been mentioned, the remaining five hadiths are:

① «کتاب البیوع، رقم الحدیث : 2156، باب البیع والشراء مع النساء۔»

② «کتاب الوصایا، رقم الحدیث : 2746، باب إذا أومأ المریض برأسہ إشارۃ بینۃ جازت۔»

③ «کتاب المغازی، رقم الحدیث : 4048، باب غزوۃ أحد۔»

④ «کتاب العمرۃ، رقم الحدیث : 1778، باب کم أعتمر النبى صلى اللہ علیہ وسلم۔»

⑤ «کتاب الاستئذان، رقم الحدیث : 6296، باب إغلاق الأبواب باللیل۔»

Hadith Commentary:
And the conditions that the Prophet (sallallahu alayhi wa sallam) mentioned in the hadith are also those set by Allah Himself.
Because whatever is in the hadith is also the command of Allah.
This sermon was delivered by the Prophet (sallallahu alayhi wa sallam) at the time when the owners of Barirah (radi Allahu anha) used to stipulate to Aisha (radi Allahu anha) that they would sell Barirah (radi Allahu anha) on the condition that her inheritance would go to them.

Hadith Commentary:
In both of these hadiths, there is mention of Barirah (radi Allahu anha) entering into a contract of mukatabah with her owners—that is, a slave or slave-girl agrees with her owner that within a certain period, she will pay a specified amount of money or some commodity, etc. Upon fulfilling this condition, she will become free. If the condition is fulfilled, then she is now free. Barirah (radi Allahu anha) also made such an arrangement with her owners, which she mentioned to Aishah (radi Allahu anha). Upon this, Aishah (radi Allahu anha) offered to pay the entire amount in one lump sum, on the condition that Barirah’s (radi Allahu anha) wala’ (right of allegiance) would be established with Aishah (radi Allahu anha) alone, and the owners would have no claim in this regard.

The meaning of wala’ is that after being freed, the bond of brotherhood remains with the former owner; family-wise, the freed person continues to be attributed to the former owner, and even upon the freed person’s death, the former owner is entitled to their inheritance. Thus, Barirah’s (radi Allahu anha) owners did not accept Aishah’s (radi Allahu anha) offer out of fear that the chain of wala’ would be severed.

Upon this, the Prophet (sallallahu alayhi wa sallam) delivered a sermon and clarified the issue, stating that this bond of brotherhood (wala’) remains with the one who purchases and frees the slave, not with the previous owner. Accordingly, Aishah (radi Allahu anha) purchased and freed Barirah (radi Allahu anha), and the chain of wala’ was severed from the previous owners and established with Aishah (radi Allahu anha).

Many rulings are established from this hadith, which Imam al-Fuqaha’ wa al-Muhaddithin, Imam Bukhari (rahimahullah), has extracted and mentioned in various places in his Jami’ al-Sahih. Imam Shawkani (rahimahullah) further clarifies in this regard as follows:

أن النبي صلی اللہ علیه وسلم قد کان أعلم الناس أن اشتراط الولاء باطل و اشتهر ذلك بحیث لا یخفی علی أهل بریرة فلما أرادوا أن یشرطوا ما تقدم لهم العلم ببطلانه أطلق الأمر مریدا به التهدید کقوله تعالیٰ (اعملوا ما شئتم)

So it is as if he said: “Set the condition of wala’ for them; soon they will know that this will not benefit them.” This is supported by the statement of the Prophet (sallallahu alayhi wa sallam): “What is the matter with people who stipulate conditions that are not in the Book of Allah?” (Nayl)

That is, the Prophet (sallallahu alayhi wa sallam) knew well that the condition of wala’ is invalid, and this principle had become so well-known that even the people of Barirah were not unaware of it. Then, when they insisted on stipulating this condition despite knowing its invalidity, the Prophet (sallallahu alayhi wa sallam) gave a general command as a form of warning that Barirah should be purchased, just as in the Qur’an, in the verse: “Do what you will” (Fussilat: 40)—this is said as a warning. It is as if he said: “Set the condition of wala’ for them; soon they will know that this condition will not benefit them at all.” This meaning is supported by the statement of the Prophet (sallallahu alayhi wa sallam): “What is the matter with people who stipulate conditions that are not in the Book of Allah?” Thus, all such conditions are invalid, even if they are stipulated; according to Islamic law, they have no standing.

Hadith Commentary:
(1)
Wala’ refers to the relationship established between a freed slave and the one who set him free. The benefit of this is that the slave, until his death, attributes his lineage in a familial sense to his benefactor who freed him, and after his death, the benefactor is entitled to his inheritance. In the pre-Islamic era of ignorance, the right to this attribution belonged to the former owner, even if the one who freed the slave was someone else. The owners of Hazrat Barirah radi Allahu anha were insisting on this same pre-Islamic condition, which the Messenger of Allah sallallahu alayhi wa sallam openly refuted.

(2)
From this hadith, it is established that Hazrat Aisha radi Allahu anha purchased Hazrat Barirah radi Allahu anha, and this is also in accordance with the chapter heading, that women can engage in buying and selling. There is no legal objection to this in the Shari‘ah.

(3)
From this hadith, Imam Bukhari rahimahullah has derived multiple issues and rulings, which will continue to be clarified as appropriate to their context and place.

(4)
At the end of this narration, regarding the husband of Hazrat Barirah radi Allahu anha, Hazrat Mughith radi Allahu anhu, Hazrat Nafi‘ expressed his lack of knowledge as to whether, at the time of Hazrat Barirah’s radi Allahu anha emancipation, he was a slave or free. Similarly, in one narration, Shu‘bah asked his teacher Abdur Rahman ibn Qasim about this, and he also replied that he did not know. (: Sahih al-Bukhari, al-Hibah, Hadith: 2578) However, Hazrat Ibn Abbas radi Allahu anhu has explicitly stated that at the time of Hazrat Barirah’s radi Allahu anha emancipation, her husband was a slave, and he would weep and shed tears in the streets and alleys of Madinah over the separation from his wife. The Messenger of Allah sallallahu alayhi wa sallam expressed great amazement at his condition. The Messenger of Allah sallallahu alayhi wa sallam also advised Hazrat Barirah radi Allahu anha regarding accepting him as her husband, but she chose separation. (: Sahih al-Bukhari, al-Talaq, Hadith: 5283, 5282)

Hadith Commentary:
Her husband's name was Mughith.
He was a slave.
When a slave woman (bondwoman) is emancipated, she is given the choice regarding her husband who is a slave—whether to maintain the marriage or to annul it.
There is also a narration that Mughith was free, but Qastallani has deemed the view that he was a slave to be correct.
This Mughith used to wander about weeping over his separation from Barirah.
The Messenger of Allah (sallallahu alayhi wa sallam) also interceded with Barirah (radi Allahu anha), recommending that she keep her marriage with Mughith, but Barirah did not consent in any way to remain in the marriage with him.

Hadith Commentary:
(1)
The Messenger of Allah (sallallahu alayhi wa sallam) said:
“Wala’ belongs to the one who pays the price and sets the slave free.”
This means that wala’ is not a transferable right; that is, it cannot be transferred to another person through sale or gift. This is the very purpose of the chapter heading.

(2)
Allamah Khattabi (rahimahullah) states:
Wala’ is like lineage (nasab); whoever sets a slave free, the right of wala’ belongs to him, just as when a child is born to someone, the lineage is established for him. If the child is attributed to someone else, the lineage cannot be transferred from his father. Similarly, wala’ will also not be transferred from its original place. Thus, the statement of the Messenger of Allah (sallallahu alayhi wa sallam) is:
“Wala’ is also like lineage; it is a relationship that cannot be sold nor can it be given as a gift.”
(Sahih Ibn Hibban, Al-Buyu’, Hadith: 4929)

Hadith Commentary:
Ibn Khuzaymah said: The meaning is that their impermissibility or non-obligation should be established from Allah’s Book, and it does not mean that any condition not mentioned in Allah’s Book is invalid.
Because sometimes, in a sale, the condition of guarantee (kafalah) is stipulated.
Sometimes, regarding the price (thaman), it is stipulated that it should be of a certain type of currency or paid within a certain period—these conditions are valid.
Even though they are not mentioned in Allah’s Book, because these conditions are legislated (mashru‘).

Hadith Commentary:
(1)
The conditions for a mukatab (a slave who enters into a contract for his freedom) are that he must be sane and mature, and that he accepts the contract of kitabah (manumission contract).
The amount for the kitabah must be specified, whether it will be paid in a lump sum or in installments.
No such condition should be stipulated that is contrary to the Book of Allah, the Sunnah of the Messenger of Allah (sallallahu alayhi wa sallam), or the consensus of the Ummah.
All such conditions will be unacceptable.

(2)
“As for those conditions which are not in the Book of Allah”—Hafiz Ibn Hajar rahimahullah, quoting Imam Ibn Khuzaymah rahimahullah, has explained its meaning in these words: that its permissibility or obligation is not established by the command of Allah.
This absolutely does not mean that any condition not mentioned in the Book of Allah is invalid, because sometimes in a sale, the condition of surety (kafalah) is stipulated.
Sometimes, a condition is stipulated regarding the price, i.e., that it will be of such-and-such currency or will be paid within such-and-such period; these conditions are valid even though they are not mentioned in the Book of Allah.
(Fath al-Bari: 5/232)

Hadith Commentary:
Hazrat Utbah (radi Allahu anhu) was the son of Abu Lahab.
He was a cousin of the Messenger of Allah (sallallahu alayhi wa sallam).
He accepted Islam in the year of the Conquest of Makkah.
Hazrat Barirah (radi Allahu anha) herself requested Hazrat Aishah (radi Allahu anha) to purchase her and set her free.
From this, the subject of the chapter is established.
All praise is due to Allah that in the Sacred Ka'bah, on 5th April (1970),
the reading of the text of Sahih Bukhari reached completion up to this point.
Along with this, a supplication was made that Allah, the Most Pure, grant success in the service of Sahih Bukhari and accept it as ongoing charity (sadaqah jariyah) on behalf of all those friends and elders who are providing every possible assistance to the servant in this great service.
May Allah reward them with the best of rewards in this world and the Hereafter.
Ameen. In the chain of narration, the name of Ayman (rahimahullah) appears.
Hafiz Sahib states:
He is Ayman al-Habashi al-Makki, resident of Madinah, the father of Abdulwahid. He is not Ayman ibn Nayal al-Habashi al-Makki, resident of Asqalan. Both are from the Tabi'in (Successors), and the father of Abdulwahid has only five hadiths in Sahih Bukhari: this one, two others from Aishah, and two from Jabir. All of them are corroborative narrations, and none narrated from him except his son Abdulwahid. (Fath al-Bari)

Hadith Commentary:
(1)
According to this hadith, Barirah (radi Allahu anha) herself requested Aisha (radi Allahu anha) to purchase and free her. This establishes the heading of Imam Bukhari (rahimahullah), and it is also understood from this that it is permissible to stipulate such a condition at the time of buying and selling, and it does not contradict the contract of transaction. This incident also indicates that by Aisha (radi Allahu anha) purchasing her, the contract of mukatabah (manumission contract) was automatically annulled. (Fath al-Bari: 5/242)

(2)
A married slave woman can enter into a contract of manumission (mukatabah) without her husband’s permission, even if the result is separation and parting between them, and she can also attain freedom without her husband’s permission. It should be noted that, according to the statement of the commentator of Bukhari, Ibn Battal (rahimahullah), some of the later scholars have derived more than one hundred rulings from the hadith of Barirah (radi Allahu anha). Imam Nawawi (rahimahullah) says that Imam Ibn Khuzaymah (rahimahullah) and Imam Ibn Jarir (rahimahullah) have authored independent books regarding this hadith. Some individuals have enumerated the benefits of the hadith of Barirah up to four hundred, but this was done with some affectation. Imam Bukhari (rahimahullah) has derived all the issues of “Kitab al-Mukatab” from this single hadith. Allah, the Exalted, has honored his noble services with acceptance. It is hoped that on the Day of Judgment, Allah, the Exalted, will grant him the companionship and company of the Messenger of Allah (sallallahu alayhi wa sallam). This humble servant also seeks Allah’s mercy and hopes for His forgiveness.

Hadith Commentary:
Hazrat Barirah (radi Allahu anha) became the means for three legal (shar‘i) rulings, the details of which are as follows:
➊ The right of wala’ (allegiance) of a slave or slave-girl belongs to the one who sets him or her free.
➋ When an item of charity (sadaqah) is gifted by a poor person to someone else, it no longer remains charity; rather, its ruling changes.
➌ After being freed from slavery, a married slave-girl has the choice to separate from her husband, provided that her husband is also a slave.
In any case, this narration shows that the Messenger of Allah (sallallahu alayhi wa sallam) used to accept gifts and would make use of them himself.

Hadith Commentary:
It is not permissible to stipulate conditions in a sale that are contrary to the Shariah; even if someone does stipulate such conditions, those conditions will be invalid. This is the very purpose of the chapter and the hadith here.

Hadith Commentary:
Imam Bukhari rahimahullah did not clarify whether stipulations (conditions) in buying and selling are permissible or impermissible; rather, he left it unrestricted because there is a difference of opinion regarding this matter.
In one narration, the Messenger of Allah sallallahu alayhi wa sallam said:
“You buy it and stipulate the condition of wala’ for them.
Indeed, wala’ is only for the one who sets free.”
(Sahih al-Bukhari, al-Buyu’, Hadith: 2168)
According to this narration, if an impermissible condition is stipulated at the time of buying and selling, the sale will be valid but the condition will be void, whereas according to some jurists, both the sale and the condition will be void.
In this way, this hadith will correspond to the chapter heading.
(‘Umdat al-Qari: 9/611)

Hadith Commentary:
It is understood that any transaction conducted with invalid conditions—such conditions will by no means be acceptable, and yet the transaction itself will be concluded.

Hadith Commentary:
Hazrat Barirah (radi Allahu anha) had entered into a contract of manumission (mukatabah) with her owners.
She requested Umm al-Mu’minin A’ishah (radi Allahu anha) to purchase her, but with the condition that after buying her, she must be set free.
From this, it is understood that if a slave under a contract of manumission (mukatab) agrees to be sold on the condition that he or she will be set free after purchase, then it is permissible to do so.
Legally, there is no flaw in this; however, any transaction conducted with invalid conditions will never be acceptable, just as the owners of Hazrat Barirah (radi Allahu anha) had stipulated an invalid condition.
The Messenger of Allah (sallallahu alayhi wa sallam) declared this condition null and void.

11.

Benefit:

The time for «عَشِي» lasts from immediately after the sun passes its zenith (zawal) until sunset (maghrib). Qasim bin Muhammad rahimahullah, the grandson of Abu Bakr radi Allahu anhu and the jurist of Madinah, by this statement intends to refute those who habitually perform the Zuhr prayer immediately after zawal. Even the Messenger of Allah sallallahu alayhi wa sallam would perform Zuhr only after spending some time following the sun’s decline. Ibn Mas’ud radi Allahu anhu states:

«كَانَتْ قَدْرُ صَلَاةِ رَسُولِ اللهِ صلى الله عليه وسلم فِي الصَّيْفِ ثَلاثَةَ أَقْدَامِ إِلى خَمْسَةِ أَقْدَامٍ وَفِي الشَّتَاءِ خَمْسَةَ أَقْدَامٍ إِلى سَبْعَةِ أَقْدَامٍ»

“The Messenger of Allah sallallahu alayhi wa sallam would perform the Zuhr prayer in summer when the shadow (after the sun’s decline) would reach three to five steps, and in winter when it would reach five to seven steps.”

[ابوداود: 400، نسائي: 504، اس كي سند صحيح هے]

------------------

Statement regarding the time of Jumu‘ah

Benefit:

Since Jumu‘ah is a substitute for the Zuhr prayer, its time is exactly the same as Zuhr, that is, from the sun’s decline (zawal) until the shadow becomes equal to the object’s length. The Messenger of Allah sallallahu alayhi wa sallam and the Rightly Guided Caliphs radi Allahu anhum would perform Jumu‘ah at the earliest time. The noble Companions radi Allahu anhum were so eager and diligent in preparing for and hastening to attend Jumu‘ah that they would even delay their midday meal and siesta (qaylulah) until after Jumu‘ah.

[صحيح بخاري: 939، صحيح مسلم: 859]

Anas radi Allahu anhu says that the Noble Prophet sallallahu alayhi wa sallam would perform Jumu‘ah when the sun had declined. [صحيح بخاري: 904] Salamah bin Akwa‘ radi Allahu anhu says that we would perform Jumu‘ah with the Messenger of Allah sallallahu alayhi wa sallam when the sun had declined. [صحيح مسلم: 860]

Chapter of Sahih Bukhari Hadith Number: 5097: «بَابُ الْحُرَّةِ تَحْتَ الْعَبْدِ:»
Relevance between the Chapter Heading and the Hadith:
Through the chapter heading, Imam Bukhari rahimahullah has declared the marriage of a free woman to a slave man as permissible and has also alluded to this issue. However, the hadith presented under the chapter, narrated from Umm al-Mu’minin Aisha radi Allahu anha, does not mention a slave husband. Therefore, apparently, there does not seem to be a connection between the chapter heading and the hadith.

Ibn al-Munir rahimahullah states:
«قلت : رضي الله عنك ! ليس فى حديث بريرة هذا ما يدل أن زوجها كان عبداً.»
“The hadith of Barirah radi Allahu anha that has been narrated does not make it clear that Barirah’s radi Allahu anha husband (Sayyiduna Mughith) was a slave.”

He further states:
«وقد خرج حديثها أتم من هذا، وفيه التصريح بأنه عبد.» [المتوري : ص 290]
“Indeed, Imam Bukhari rahimahullah has brought forth (another hadith) which is more complete, in which it is explicitly clear that Barirah’s radi Allahu anha husband, Mughith radi Allahu anhu, was a slave.”

In reality, the issue is whether Sayyiduna Mughith radi Allahu anhu was free or a slave at the time Barirah radi Allahu anha was emancipated. Some narrations establish that he was free, while according to other narrations, he was a slave.
Through the chapter heading, Imam Bukhari rahimahullah’s inclination appears to be that he was a slave.

Accordingly, Zakariya Kandhlawi writes:
«وميل المصنف الي مسلك الجمهور وقد ترجم فيما سياتي ”باب خيار الأمة تحت العبد“» [الابواب و التراجم لصحیح البخاری: 482/5]
Imam Bukhari rahimahullah’s inclination is towards the view of the majority (that Sayyiduna Mughith radi Allahu anhu was a slave at the time of Barirah’s radi Allahu anha emancipation), and indeed Imam Bukhari rahimahullah established the chapter heading regarding this, that: «باب خيار الأمة تحت العبد»

Allamah Badr al-Din ibn Jama‘ah rahimahullah, while explaining the relevance between the chapter heading and the hadith, states:
«ليس فى الروايه التى ذكرها ان مغيثاً كان عبداً لكنه صح ذالك من طريق أخريٰ اانه كان عبداً وقد خيرها النبى صلى الله عليه وسلم فدل على جواز الحرة تحت العبد.» [مناسبات تراجم البخاري : ص 98]
In this narration, it is not explicitly stated that Sayyiduna Mughith radi Allahu anhu was a slave (so then how is there relevance between the chapter heading and the hadith?). However, the correct view is that, as established through another chain, he was indeed a slave. Certainly, the Prophet sallallahu alayhi wa sallam gave Sayyidah Barirah radi Allahu anha the choice (whether to maintain the marriage with Mughith or to end it). Thus, this is evidence that a slave husband can remain in the marriage of a free woman. Therefore, from here, the relevance between the chapter heading and the hadith is established.

Hadith Commentary:
(1)
When Barirah radi Allahu anha was granted freedom, she was given the choice that if she wished, she could annul her marriage with her husband, and if she wished, she could remain with him. This option was given on the basis that at the time of her emancipation, her husband was a slave, as is clarified in another narration.
(Sahih al-Bukhari, Book of Divorce, Hadith: 5282)
When Barirah radi Allahu anha was given the choice, she chose separation from her husband Mughith. He would weep and follow her in the streets and alleys. The Messenger of Allah sallallahu alayhi wa sallam interceded, saying:
"Accept him as your husband."
Barirah radi Allahu anha replied:
"If this is your command, then I will comply, but if it is an intercession, then I apologize."
He sallallahu alayhi wa sallam did not take offense at this.
(Sahih al-Bukhari, Book of Divorce, Hadith: 5283)
If it were unlawful for a free woman to remain married to a slave, why would the Messenger of Allah sallallahu alayhi wa sallam intercede for this?(2)
From this intercession, Imam al-Bukhari rahimahullah has established the ruling that it is permissible for a free woman to remain married to a slave.
We will explain its details in the Book of Divorce, insha Allah Ta'ala.

Takhrij al-Hadith: [وأخرجه البخاري 5279، ومسلم 14/1504، من حديث مالك به]
Jurisprudential Points:
➊ When a slave woman is freed, she obtains the right to choose whether to remain with her former husband or to separate from him, provided that after her emancipation, the husband has not had intercourse with her (with her consent).
➋ Sayyiduna Ibn Umar radi Allahu anhu said: The freed slave woman retains the right of choice until her former husband touches her. [موطأ امام مالك 2/562 ح1224، وسنده صحيح]
➌ If a poor or needy person becomes the owner of wealth from charity or zakat, and then he gives a gift from it to a wealthy person, that wealth becomes lawful (halal) for the wealthy person.
➍ Charity, alms, and zakat are not lawful but rather forbidden for a wealthy person and one who is strong and able to earn.
➎ If something is forbidden due to a specific reason (‘illah), and then that reason ceases to exist, then that thing is no longer forbidden.
➏ Charity is not lawful for the Messenger of Allah sallallahu alayhi wa sallam and his family and descendants. According to some scholars, this ruling pertains to obligatory charities and zakat, while voluntary charity is permissible. And Allah knows best.
➐ The meaning of the bond of wala’ is being a mawla (patron or client).
➑ If a desirable food is present in the house, it is permissible to request it from the household.
➒ Giving charity to the poor and needy is the practice of the people of faith.
➓ It is permissible to keep vessels for cooking food and serving drinks in the house.

Hadith Commentary:
Until the husband pronounces divorce, this is the view of the majority. However, it is narrated from Ibn Mas‘ud, Ibn ‘Abbas, and Ubayy ibn Ka‘b (radi Allahu anhum) that the sale of a slave-woman constitutes a divorce.
Among the Tabi‘in, Sa‘id ibn al-Musayyib, Hasan, and Mujahid also hold this view.
‘Urwah said that the right of divorce will remain with the buyer.
The purpose of the chapter is derived from the hadith in this way: when the Prophet (sallallahu alayhi wa sallam) gave Barirah (radi Allahu anha) the choice, after she was freed, to either keep her husband or separate from him,
it became clear that the emancipation of a slave-woman is not a divorce; otherwise, what would be the meaning of giving her a choice? And when emancipation is not a divorce, then sale also will not be a divorce.
This is evidence of the subtlety of deduction and jurisprudential insight of Imam Bukhari (rahimahullah).
Those who do not acknowledge the jurisprudential acumen of Imam Bukhari (rahimahullah) are foolish.
Imam Bukhari (rahimahullah) is an absolute mujtahid and the Imam of the jurists in the jurisprudence of hadith.
If the bat’s eye does not see the sun’s light during the day, what fault is there in the sun?

Hadith Commentary:
(1)
In one narration, it is mentioned that four rulings were learned from the case of Sayyidah Barirah radi Allahu anha:
One of them is that the Messenger of Allah sallallahu alayhi wa sallam ordered her to observe the waiting period (‘iddah) like a free woman.
(Musnad Ahmad: 1/361)
It is narrated from Hazrat A’ishah radi Allahu anha that Hazrat Barirah radi Allahu anha was ordered to observe three menstrual cycles as her waiting period.
(Sunan Ibn Majah, Kitab at-Talaq, Hadith: 2077)
When Hazrat Barirah radi Allahu anha was freed, she was given the choice regarding her husband. If divorce were to occur merely by the act of sale, then there would be no meaning in giving her the choice.
Giving the choice means that she was still in the marriage of her husband; when divorce does not occur by freeing, then, a fortiori, it will not occur by selling.

(2)
In any case, the owner of a slave woman who is married is deprived of the right of divorce.
The right to divorce belongs to her husband, which is not nullified by selling her.
And Allah knows best.

Hadith Commentary:
Haddathana Adam, haddathana Shu’bah, and he added: “So she was given the choice regarding her husband.” Adam ibn Abi Iyas narrated to us, Shu’bah narrated to us, and in this narration there is the addition that after (her emancipation), she was given the choice concerning her husband (that if she wished, she could remain with him, and if she wished, she could annul her marriage to him).

Hadith Commentary:
Imam Bukhari rahimahullah has left this chapter without a title because it is related to the previous chapter.
This hadith has appeared several times before, and countless juristic rulings are established from it.
Hafiz Ibn Hajar rahimahullah has pointed out many rulings, which are spread over eight pages.
People of knowledge should certainly study them.
This shows how vast the knowledge of our predecessors was.
May Allah Ta'ala gather us with them in Jannat al-Firdaws.

Hadith Commentary:
The Messenger of Allah (sallallahu alayhi wa sallam) preferred meat over other dishes, from which it is understood that he liked meat.
In both this world and the Hereafter, meat is the chief of all dishes.
This is why, when Jabir (radi Allahu anhu) invited him, he slaughtered a goat.
The Messenger of Allah (sallallahu alayhi wa sallam) said:
“It is as if you knew that we love meat.”
(Musnad Ahmad: 3/303)
And regarding those predecessors from whom preference for other items over meat has been narrated, what is meant is their contentment, so that a person does not become accustomed to luxurious things.
In any case, meat is an excellent dish; if someone partakes of it while avoiding extravagance and wastefulness, then there is no objection to it in the Shari‘ah.
(Fath al-Bari: 9/688)

Hadith Commentary:
Wala’ refers to the relationship that is established between a master and a slave.
When the slave dies, his inheritance passes to the master due to wala’.
If someone purchases a slave from a master and then emancipates him, the wala’ is transferred to the one who set him free.
If, in the case of expiation for an oath (kafarat al-yamin), someone purchases a slave from another and emancipates him, then in this situation as well, the wala’ will belong to the one who emancipated him.
There is no disagreement about this.
And Allah knows best.

Hadith Commentary:
(1)
According to this hadith, the right of wala is given to the one who sets the slave free. This is a relationship that cannot be terminated at will, because it is like lineage, which also cannot be gifted or sold. Therefore, if someone says to his slave, "You are freed as a sa’ibah, so you may place your wealth wherever you wish, and your wala will not be connected to anyone," then these are futile actions; they will have no effect on the original rule.
(2)
Imam Bukhari rahimahullah has established from this hadith that the custom of sa’ibah is a remnant of the era of ignorance (Jahiliyyah). According to the original rule, the relationship of wala will remain with the person who set the slave free; by attempting to terminate it, this relationship will not be ended.
Wallahu a‘lam.

Hadith Commentary:
(1)
The position of the people of Kufa is that if a person becomes Muslim at the hands of someone, then dies and has no other heir, the one at whose hands he accepted Islam is entitled to his property. In this regard, the narration of Tamim al-Dari radi Allahu anhu is presented, in which he asked the Messenger of Allah sallallahu alayhi wa sallam: "O Messenger of Allah! If a man accepts Islam at the hands of another and then dies, who is his heir in Islam regarding his property?" He replied: "The one who has more right over his life and death." However, several hadith scholars have declared this narration weak. Thus, Imam Shafi'i rahimahullah states that the aforementioned hadith is not established.

(2)
Imam Bukhari rahimahullah, in support of the majority of scholars, has presented two narrations in which it is stated that the right of wala belongs to the one who emancipates (a slave). In this hadith, the "lam" is for specification, meaning wala is specific to the one who emancipates and spends wealth concerning him.

(3)
The summary is that if someone dies after accepting Islam at the hands of another, his wala is not for the one at whose hands he accepted Islam, because wala is specific to the emancipator. And Allah knows best.

Hadith Commentary:
(1)
The meaning of "wali al-ni‘mah" is that after paying the price, the slave or slave-girl is set free. The entitlement of wala (right of inheritance from a freed slave) arises from the act of manumission. This entitlement applies both to the man who frees the slave and to the woman who frees the slave; therefore, if both a man and a woman jointly free a slave, the right of wala is established for both of them.

(2)
Hafiz Ibn Hajar rahimahullah has written, quoting Ibn Battal, that this hadith necessitates that the right of wala belongs to the one who frees the slave, whether it is a man or a woman; all the scholars are unanimous on this point. (Fath al-Bari: 12/58) Since these issues have no practical existence today and are only studied theoretically, we do not mention their details.

Takhrij:
«أخرجه البخاري، المكاتب، باب ما يجوز من شروط المكاتب، حديث:2561، ومسلم، العتق، باب إنما الولاء لمن أعتق، حديث:1504.»©Explanation:
Several rulings are established from this hadith, for example:

➊ It is permissible to establish a contract of manumission (mukatabah) between a slave and his owner/master for a specified amount and a fixed period.

➋ If another person pays the agreed amount on behalf of the slave and grants him freedom, this is also permissible. The one who sets him free will be entitled to his inheritance and legacy.

➌ If the slave asks a wealthy person for help in paying the amount of his manumission contract, this is permissible.

➍ The amount of the manumission contract (mukatabah) can be paid in installments.

➎ If a deserving person asks for help, he should be assisted.

➏ If an unlawful condition is attempted to be imposed, such a condition has no legal (shar‘i) standing; only the lawful (shar‘i) condition will be considered.

➐ This hadith also establishes the practice of mutual consultation. If a wife seeks advice from her husband, the husband should give correct advice.

➑ If people are unaware of a particular issue, that issue should be explained to the public. The issue should be presented in general terms, not by mentioning anyone’s name.

➒ When addressing the public, one should first praise and glorify the Creator of the universe, and then state one’s purpose and objective.

➓ The same method and style should be adopted when making a request or appeal to someone.

⓫ It is permissible to sell a slave or slave-girl who is under a manumission contract (mukatabah). This is the view of Imam Ahmad and Imam Malik rahimahumallah.

Clarification: «حضرت بریرہ رضی اللہ عنہا » The letter “ba” has a fathah (zabar) and the letter “ra” has a kasrah (zer) underneath. She was the slave-girl of Umm al-Mu’minin Aisha radi Allahu anha and the wife of Mughith, who was a slave of the family of Abu Ahmad ibn Jahsh. When she was freed, the Messenger of Allah sallallahu alayhi wa sallam gave her the choice, so she chose to leave her husband Mughith (who was still a slave at that time).

Takhrij:
«أخرجه البخاري، النكاح ، باب الحرة تحت العبد، حديث:5097، ومسلم، العتق، باب بيان أن الولاء لمن أعتق، حديث:1504.»©Explanation:
This hadith is evidence that when a woman attains her freedom while her husband is still a slave, she has autonomy regarding her husband—whether she chooses to remain in his marriage or not.
There is consensus on this matter.
The difference of opinion arises in the case where the husband also becomes free.
According to one opinion, the woman has no choice; she must remain in the marriage with the same husband.
This is the view of the majority.
It has also been said that she, in any case, retains the right of choice even if the husband is free; this was chosen by Ibn Qayyim rahimahullah.
It should be known that this hadith is of great significance.
The scholars have mentioned it in several places in their books, and the author rahimahullah himself has derived many rulings from it, the number of which reaches one hundred and twenty-two.
(Subl al-Salam)