صحيح البخاري
Bukhari
كتاب الشروطThe Book of Conditions
بَابُ الْمُكَاتَبِ، وَمَا لاَ يَحِلُّ مِنَ الشُّرُوطِ الَّتِي تُخَالِفُ كِتَابَ اللَّهِ:Chapter. Al-Mukatab (i.e., the slave who is given the writing of emancipation for a certain sum) and about the invalidity of those conditions which contradict Allah’s Laws.
Hadith 2735
اُردوEn
وَقَالَ جَابِرُ بْنُ عَبْدِ اللَّهِ رَضِيَ اللَّهُ عَنْهُمَا فِي الْمُكَاتَبِ : شُرُوطُهُمْ بَيْنَهُمْ ، وَقَالَ ابْنُ عُمَرَ ، أَوْ عُمَرُ : كُلُّ شَرْطٍ خَالَفَ كِتَابَ اللَّهِ فَهُوَ بَاطِلٌ ، وَإِنِ اشْتَرَطَ مِائَةَ شَرْطٍ ، قَالَ أَبُو عَبْد اللَّهِ : وَيُقَالُ عَنْ كِلَيْهِمَا ، عَنْ عُمَرَ ، وَابْنِ عُمَرَ .
And Jabir bin Abdullah (may Allah be pleased with them both) said regarding the mukatab that whatever conditions (i.e., between the mukatab and his owner) are agreed upon, they are valid. And Ibn Umar or Umar (may Allah be pleased with him/them) said (the narrator is uncertain) that every condition which is against the Book of Allah is invalid, even if a hundred such conditions are stipulated. Abu Abdullah (Imam Bukhari, may Allah have mercy on him) said: It is reported that this statement is narrated from both Umar and Ibn Umar (may Allah be pleased with them both).
حَدَّثَنَا عَلِيُّ بْنُ عَبْدِ اللَّهِ ، حَدَّثَنَا سُفْيَانُ ، عَنْ يَحْيَى ، عَنْ عَمْرَةَ ، عَنْ عَائِشَةَ رَضِيَ اللَّهُ عَنْهَا ، قَالَتْ : أَتَتْهَا بَرِيرَةُ تَسْأَلُهَا فِي كِتَابَتِهَا ، فَقَالَتْ : إِنْ شِئْتِ أَعْطَيْتُ أَهْلَكِ وَيَكُونُ الْوَلَاءُ لِي ، فَلَمَّا جَاءَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ذَكَّرْتُهُ ذَلِكَ ، قَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : ابْتَاعِيهَا فَأَعْتِقِيهَا ، فَإِنَّمَا الْوَلَاءُ لِمَنْ أَعْتَقَ ، ثُمَّ قَامَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَلَى الْمِنْبَرِ ، فَقَالَ : " مَا بَالُ أَقْوَامٍ يَشْتَرِطُونَ شُرُوطًا لَيْسَتْ فِي كِتَابِ اللَّهِ ، مَنِ اشْتَرَطَ شَرْطًا لَيْسَ فِي كِتَابِ اللَّهِ فَلَيْسَ لَهُ وَإِنِ اشْتَرَطَ مِائَةَ شَرْطٍ " .
Narrated `Amra: Aisha said that Buraira came to seek her help in the writing of her emancipation. `Aisha said to her, "If you wish, I will pay your masters (your price) and the wala' will be for me." When Allah's Apostle came, she told him about it. The Prophet said to her, "Buy her (i.e. Buraira) and manumit her, for the Wala is for the one who manumits." Then Allah's Apostle ascended the pulpit and said, "What about those people who stipulate conditions which are not in Allah's Laws? Whoever stipulates such conditions as are not in Allah's Laws, then those conditions are invalid even if he stipulated a hundred such conditions."
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
The masters of Barirah (radi Allahu anha) wanted to retain her wala (right of allegiance) with themselves after her emancipation, and they wished to free her for Aisha (radi Allahu anha) on this condition.
This condition was invalid, because the wala (right of allegiance) remains with those who spend their own wealth to emancipate such male or female slaves.
It is also understood from this that if a person stipulates an invalid condition, it remains invalid; legally, such a condition will not be recognized by the Shariah.
The masters of Barirah (radi Allahu anha) wanted to retain her wala (right of allegiance) with themselves after her emancipation, and they wished to free her for Aisha (radi Allahu anha) on this condition.
This condition was invalid, because the wala (right of allegiance) remains with those who spend their own wealth to emancipate such male or female slaves.
It is also understood from this that if a person stipulates an invalid condition, it remains invalid; legally, such a condition will not be recognized by the Shariah.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2735
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
Previously, Imam Bukhari rahimahullah established a chapter heading:
(ma yajoozu min shuroot al-mukaatab, wa man ishtarat shartan laysa fi Kitab Allah)
"Which conditions are permissible for the mukatab (contracted slave seeking freedom), and whoever stipulates a condition not found in the Book of Allah" (Sahih al-Bukhari, al-Mukaatab, Chapter: 2).
At this point, he wishes to explain that those conditions which are contrary to the Book of Allah are not valid.
And by "the Book of Allah" is meant its ruling, which is sometimes established by explicit text (nass) and sometimes derived through inference (istinbat).
Any ruling that is not of this nature is contrary to the Book of Allah. Thus, the masters of Barirah radi Allahu anha wanted to retain her wala (right of inheritance/loyalty) after her emancipation, and they wished to free her according to the offer of Aisha radi Allahu anha with this condition.
Since this condition was contrary to the Book of Allah, it was declared invalid.
(2)
From this, it is also understood that if a person stipulates an invalid condition, it is legally void.
The law will not recognize it.
(1)
Previously, Imam Bukhari rahimahullah established a chapter heading:
(ma yajoozu min shuroot al-mukaatab, wa man ishtarat shartan laysa fi Kitab Allah)
"Which conditions are permissible for the mukatab (contracted slave seeking freedom), and whoever stipulates a condition not found in the Book of Allah" (Sahih al-Bukhari, al-Mukaatab, Chapter: 2).
At this point, he wishes to explain that those conditions which are contrary to the Book of Allah are not valid.
And by "the Book of Allah" is meant its ruling, which is sometimes established by explicit text (nass) and sometimes derived through inference (istinbat).
Any ruling that is not of this nature is contrary to the Book of Allah. Thus, the masters of Barirah radi Allahu anha wanted to retain her wala (right of inheritance/loyalty) after her emancipation, and they wished to free her according to the offer of Aisha radi Allahu anha with this condition.
Since this condition was contrary to the Book of Allah, it was declared invalid.
(2)
From this, it is also understood that if a person stipulates an invalid condition, it is legally void.
The law will not recognize it.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2735
