صحيح البخاري
Bukhari
كتاب المكاتبThe Book of Al-Mukatab
بَابُ بَيْعِ الْمُكَاتَبِ إِذَا رَضِيَ:Chapter. The selling of a Mukatab on his agreement.
Hadith 2564
اُردوEn
وَقَالَتْ عَائِشَةُ : هُوَ عَبْدٌ مَا بَقِيَ عَلَيْهِ شَيْءٌ ، وَقَالَ زَيْدُ بْنُ ثَابِتٍ : مَا بَقِيَ عَلَيْهِ دِرْهَمٌ ، وَقَالَ ابْنُ عُمَرَ : هُوَ عَبْدٌ إِنْ عَاشَ وَإِنْ مَاتَ وَإِنْ جَنَى مَا بَقِيَ عَلَيْهِ شَيْءٌ .
And Aisha (may Allah be pleased with her) said: As long as anything remains due upon the mukatab, he remains a slave. And Zaid bin Thabit (may Allah be pleased with him) said: As long as even one dirham remains (the mukatab will not be free). And Abdullah bin Umar (may Allah be pleased with them both) said: As long as anything remains due upon the mukatab, he will be considered a slave in his life, death, and (in all) offenses.
حَدَّثَنَا عَبْدُ اللَّهِ بْنُ يُوسُفَ ، أَخْبَرَنَا مَالِكٌ ، عَنْ يَحْيَى بْنِ سَعِيدٍ ، عَنْ عَمْرَةَ بِنْتِ عَبْدِ الرَّحْمَنِ ، " أَنَّ بَرِيرَةَ جَاءَتْ تَسْتَعِينُ عَائِشَةَ أُمَّ الْمُؤْمِنِينَ رَضِيَ اللَّهُ عَنْهَا ، فَقَالَتْ لَهَا : إِنْ أَحَبَّ أَهْلُكِ أَنْ أَصُبَّ لَهُمْ ثَمَنَكِ صَبَّةً وَاحِدَةً فَأُعْتِقَكِ فَعَلْتُ ، فَذَكَرَتْ بَرِيرَةُ ذَلِكَ لِأَهْلِهَا ، فَقَالُوا : لَا ، إِلَّا أَنْ يَكُونَ وَلَاؤُكِ لَنَا " . قَالَ مَالِكٌ : قَالَ يَحْيَى : فَزَعَمَتْ عَمْرَةُ أَنَّ عَائِشَةَ ذَكَرَتْ ذَلِكَ لِرَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَ : اشْتَرِيهَا وَأَعْتِقِيهَا ، فَإِنَّمَا الْوَلَاءُ لِمَنْ أَعْتَقَ .
Narrated `Amra bint `Abdur-Rahman: Buraira went to Aisha, the mother of the faithful believers to seek her help in her emancipation Aisha said to her, "If your masters agree, I will pay them your price in a lump sum and manumit you." Buraira mentioned that offer to her masters but they refused to sell her unless the Wala' was for them. `Aisha told Allah's Apostle about it. He said, "Buy and manumit her as the Wala' is for the liberator."
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
Hazrat Aisha (radi Allahu anha) said: "If your people wish, I can pay your price all at once." From here, the purpose of the chapter is derived, because Hazrat Aisha (radi Allahu anha) intended to purchase Barirah (radi Allahu anha).
Thus, it is understood that the sale of a mukatab (a slave with a contract of manumission) is permissible.
Hazrat Aisha (radi Allahu anha) said: "If your people wish, I can pay your price all at once." From here, the purpose of the chapter is derived, because Hazrat Aisha (radi Allahu anha) intended to purchase Barirah (radi Allahu anha).
Thus, it is understood that the sale of a mukatab (a slave with a contract of manumission) is permissible.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2564
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
To make such an arrangement with a slave that he becomes free by paying a certain amount, meaning that upon full payment he will become completely free, and as much wealth as he pays, that much of him becomes free. As narrated from Ibn Abbas (radi Allahu anhu) that the Messenger of Allah (sallallahu alayhi wa sallam) said:
"The mukatab (contracted slave) will pay the blood money (diyah) of a free man to the extent that he is free, and he will pay the blood money of a slave to the extent that he remains a slave."
(Sunan Abi Dawud, Al-Diyat, Hadith: 4581)
Whereas some scholars hold the view that the mukatab remains a slave until the full agreed amount is paid, even if he has paid more than half the amount, as in another hadith where the Messenger of Allah (sallallahu alayhi wa sallam) said:
"The mukatab is still a slave as long as even one dirham remains upon him."
(Sunan Abi Dawud, Al-'Itq, Hadith: 3926)
These ahadith are not contradictory to each other; rather, their meaning is that for the amount of payment still remaining, he remains a slave to that extent, and for the amount he has already paid, he is free to that extent.
(2)
If the mukatab is agreeable, it is also permissible to sell him, even if he is not incapable of making the payment, as in the incident of Barirah (radi Allahu anha), whose owners sold her with her consent.
There is no explicit narration stating that she herself was incapable of paying the amount of the kitabah (contract).
(Fath al-Bari: 5/240)
(1)
To make such an arrangement with a slave that he becomes free by paying a certain amount, meaning that upon full payment he will become completely free, and as much wealth as he pays, that much of him becomes free. As narrated from Ibn Abbas (radi Allahu anhu) that the Messenger of Allah (sallallahu alayhi wa sallam) said:
"The mukatab (contracted slave) will pay the blood money (diyah) of a free man to the extent that he is free, and he will pay the blood money of a slave to the extent that he remains a slave."
(Sunan Abi Dawud, Al-Diyat, Hadith: 4581)
Whereas some scholars hold the view that the mukatab remains a slave until the full agreed amount is paid, even if he has paid more than half the amount, as in another hadith where the Messenger of Allah (sallallahu alayhi wa sallam) said:
"The mukatab is still a slave as long as even one dirham remains upon him."
(Sunan Abi Dawud, Al-'Itq, Hadith: 3926)
These ahadith are not contradictory to each other; rather, their meaning is that for the amount of payment still remaining, he remains a slave to that extent, and for the amount he has already paid, he is free to that extent.
(2)
If the mukatab is agreeable, it is also permissible to sell him, even if he is not incapable of making the payment, as in the incident of Barirah (radi Allahu anha), whose owners sold her with her consent.
There is no explicit narration stating that she herself was incapable of paying the amount of the kitabah (contract).
(Fath al-Bari: 5/240)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2564
