Bukhari

Hadith Commentary:
The summary of this detailed and well-argued statement is that if a male or female slave wishes to enter into a contract of manumission (mukatabah) with their masters in order to gain freedom, and they possess the capability to fulfill this contract in a good manner, then it is necessary for the masters to enter into this contract and set them free.

In the noble verse:
﴿إِنْ عَلِمْتُمْ فِيهِمْ خَيْرًا﴾ (an-Nur: 33) (If you see any good in them, then contract mukatabah with them),
the meaning of “good” is that they are capable of earning and are trustworthy, able to pay the price of their freedom through their own labor, and do not go around begging from people.

﴿وَآتُوهُمْ مِنْ مَالِ اللَّهِ الَّذِي آتَاكُمْ﴾ (an-Nur: 33) (And give them something from the wealth of Allah which He has given you),
means that you should give them some assistance from your own wealth so that they can stand on their own feet, or you may forgive a portion of the price of their manumission.

The effect of this narration has been transmitted by Isma’il Qadi in Ahkam al-Qur’an, and by ‘Abd al-Razzaq and al-Shafi’i with a connected chain.

Hazrat ‘Ata’ made it obligatory that, with the mentioned condition, the master must accept the slave’s request for mukatabah.

According to Imam Ibn Hazm and the Zahiri scholars, if the slave desires mukatabah, it is obligatory upon the owner to contract mukatabah.

Because in the Qur’an, ﴿fakatibuhum﴾ is in the imperative form, which denotes obligation.

However, the majority consider this command to be for recommendation (istihbab), not obligation.

When Hazrat ‘Ata’ expressed his opinion, ‘Amr ibn Dinar asked him whether he had heard this statement of obligation from any Companion, or if he was saying it based on his own analogy and opinion.

Apparently, it seems that ‘Amr ibn Dinar asked this of ‘Ata’, but Hafiz said this is not correct; rather, Ibn Jurayj asked this of ‘Ata’.

As is explicitly stated in the narration of ‘Abd al-Razzaq and al-Shafi’i.

In this case, the phrase “qala ‘Amr ibn Dinar” would be a parenthetical statement.

And in the narration of Nasafi, it is stated: “wa qalahu ‘Amr ibn Dinar,” meaning ‘Amr ibn Dinar also held the view of obligation, and the translation would be: “And ‘Amr ibn Dinar also declared it obligatory.”

Ibn Jurayj said: I asked ‘Ata’, do you narrate this from anyone? Ahead, the statement of Hazrat ‘Umar radi Allahu anhu is mentioned, and it is also apparent from his practice that he considered mukatabah obligatory with the mentioned condition.

Just as is the view of Ibn Hazm and the Zahiri scholars.

It was stipulated for Hazrat Barirah radi Allahu anha to pay five awqiyah of silver over five years.

The purpose of the chapter is derived from this.

Some scholars have said that from the noble verse:
﴿وَآتُوهُمْ مِنْ مَالِ اللَّهِ الَّذِي آتَاكُمْ﴾ (an-Nur: 33)
the mukatab (slave under contract of manumission) may also be assisted from zakat funds.

In the present era, Muslim men and women who are unjustly imprisoned and suffering hardships also have the right to be helped for their freedom through these means.

Anas ibn Malik radi Allahu anhu was from the tribe of Khazraj.

His mother’s name was Umm Sulaym bint Milhan.

He was the special servant of the Messenger of Allah sallallahu alayhi wa sallam.

When the Prophet sallallahu alayhi wa sallam arrived in Madinah, he was ten years old.

During the caliphate of Hazrat ‘Umar radi Allahu anhu, he resided in Basrah.

There, he continued to teach the sciences of religion to people until 91 AH.

He lived to about one hundred years of age.

His offspring also numbered close to one hundred.

Many people have narrated from him.

Hadith Commentary:
(1)
Imam Bukhari rahimahullah’s intent is to show that it is permissible for any male or female slave to enter into a contract of manumission (mukatabah) with their master, and that the compensation for this contract (badal al-kitabah) can be paid in a lump sum, as was the case when Aisha radi Allahu anha offered Barirah radi Allahu anha the option of paying in one installment. It can also be paid in installments, as Barirah radi Allahu anha had agreed with her owners to pay in installments. These installments can be annual, monthly, or semi-annual. There is flexibility in this matter.

(2)
Installments are called “nujum” in the Arabic language, which is the plural of “najm.” In reality, the Arabs did not know how to calculate, so they used to link financial transactions to the rising of stars, saying that when such-and-such star rises, this transaction will take place. For this reason, an installment is called a “najm.” It should be noted that Barirah radi Allahu anha had agreed with her owners to pay nine uqiyyah of silver for her manumission, to be paid over nine years. After paying four uqiyyah of silver, she came to Aisha radi Allahu anha to seek assistance, as is clear from this narration. Aisha radi Allahu anha agreed to pay her compensation for manumission in a lump sum, but stipulated that the wala’ (right of inheritance) would be hers. When the owners refused this, the Messenger of Allah sallallahu alayhi wa sallam delivered a sermon, the details of which are mentioned in this narration.