صحيح البخاري
Bukhari
كتاب الطلاقThe Book of Divorce
بَابُ خِيَارِ الأَمَةِ تَحْتَ الْعَبْدِ:Chapter. A female slave, whose husband is a slave, has the option to keep him or leave him (when she is manumitted).
Hadith 5282
اُردوEn
حَدَّثَنَا قُتَيْبَةُ بْنُ سَعِيدٍ ، حَدَّثَنَا عَبْدُ الْوَهَّابِ ، عَنْ أَيُّوبَ ، عَنْ عِكْرِمَةَ ، عَنْ ابْنِ عَبَّاسٍ رَضِيَ اللَّهُ عَنْهُمَا ، قَالَ : " كَانَ زَوْجُ بَرِيرَةَ عَبْدًا أَسْوَدَ يُقَالُ لَهُ : مُغِيثٌ عَبْدًا لِبَنِي فُلَانٍ كَأَنِّي أَنْظُرُ إِلَيْهِ يَطُوفُ وَرَاءَهَا فِي سِكَكِ الْمَدِينَةِ " .
Narrated Ibn `Abbas: Barira's husband was a black slave called Mughith, the slave of Bani so-and-so-- as if I am seeing him now, walking behind her along the streets of Medina.
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
From these narrations, Imam Bukhari rahimahullah intends to establish that at the time of Barirah radi Allahu anha’s emancipation, her husband, Hazrat Mughith radi Allahu anhu, was a slave.
If a slave woman (bondwoman) is emancipated and her husband is a slave, then she has the choice to either remain in the marriage or not. Just as when Hazrat Barirah radi Allahu anha was freed, the Messenger of Allah sallallahu alayhi wa sallam gave her the choice, and she chose herself and did not choose her husband.
(2)
In reality, marriage is a contract of mutual consent.
At the time of marriage, a slave woman does not have any choice in the selection of her husband.
It is possible that the person to whom her master married her is not someone she likes; therefore, after emancipation, she is given the choice.
The majority of the scholars hold the position that the slave woman will have this choice only if, at the time of her emancipation, her husband is a slave. If he is free, then she does not have this choice.
And Allah knows best.
(1)
From these narrations, Imam Bukhari rahimahullah intends to establish that at the time of Barirah radi Allahu anha’s emancipation, her husband, Hazrat Mughith radi Allahu anhu, was a slave.
If a slave woman (bondwoman) is emancipated and her husband is a slave, then she has the choice to either remain in the marriage or not. Just as when Hazrat Barirah radi Allahu anha was freed, the Messenger of Allah sallallahu alayhi wa sallam gave her the choice, and she chose herself and did not choose her husband.
(2)
In reality, marriage is a contract of mutual consent.
At the time of marriage, a slave woman does not have any choice in the selection of her husband.
It is possible that the person to whom her master married her is not someone she likes; therefore, after emancipation, she is given the choice.
The majority of the scholars hold the position that the slave woman will have this choice only if, at the time of her emancipation, her husband is a slave. If he is free, then she does not have this choice.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5282
