صحيح البخاري
Bukhari
كتاب الفرائضThe Book of Al-Farad (The Laws of Inheritance)
بَابُ مِيرَاثِ السَّائِبَةِ:Chapter. The heir of the Saiba (a slave whose master frees him and tells him that nobody will be entitled to get his Wala).
Hadith 6753
اُردوEn
حَدَّثَنَا قَبِيصَةُ بْنُ عُقْبَةَ ، حَدَّثَنَا سُفْيَانُ ، عَنْ أَبِي قَيْسٍ ، عَنْ هُزَيْلٍ ، عَنْ عَبْدِ اللَّهِ , قَالَ : " إِنَّ أَهْلَ الْإِسْلَامِ لَا يُسَيِّبُونَ ، وَإِنَّ أَهْلَ الْجَاهِلِيَّةِ كَانُوا يُسَيِّبُونَ " .
Narrated `Abdullah: The Muslims did not free slaves as Sa'iba, but the People of the Pre-lslamic Period of Ignorance used to do so.
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
This narration from Abdullah ibn Mas'ud radi Allahu anhu is mentioned here in brief.
Allamah Isma'ili rahimahullah has narrated it in detail, that a man came to Abdullah ibn Mas'ud radi Allahu anhu and said:
"I had freed my slave as a sa'ibah, and he has died. His estate remains, but he has left no heirs."
Abdullah ibn Mas'ud radi Allahu anhu replied:
"Muslims do not make sa'ibah."
In the era of ignorance (Jahiliyyah), people used to make sa'ibah.
So you are his benefactor and the guardian of the blessing of his freedom; therefore, his inheritance is for you...... .
(Fath al-Bari: 12/50) (2)
Sa'ibah is mentioned in the Noble Qur'an, and there it refers to those animals which the polytheists would set free in the names of idols and would not use them for their own work.
Allah, the Exalted, has abolished this custom.
On this basis, if someone frees his slave in such a manner, saying, "You may place your wealth wherever you wish and associate with whomever you wish," then the Shari'ah has disapproved of this, and the heir of a sa'ibah slave is considered to be the one who set him free.
(1)
This narration from Abdullah ibn Mas'ud radi Allahu anhu is mentioned here in brief.
Allamah Isma'ili rahimahullah has narrated it in detail, that a man came to Abdullah ibn Mas'ud radi Allahu anhu and said:
"I had freed my slave as a sa'ibah, and he has died. His estate remains, but he has left no heirs."
Abdullah ibn Mas'ud radi Allahu anhu replied:
"Muslims do not make sa'ibah."
In the era of ignorance (Jahiliyyah), people used to make sa'ibah.
So you are his benefactor and the guardian of the blessing of his freedom; therefore, his inheritance is for you...... .
(Fath al-Bari: 12/50) (2)
Sa'ibah is mentioned in the Noble Qur'an, and there it refers to those animals which the polytheists would set free in the names of idols and would not use them for their own work.
Allah, the Exalted, has abolished this custom.
On this basis, if someone frees his slave in such a manner, saying, "You may place your wealth wherever you wish and associate with whomever you wish," then the Shari'ah has disapproved of this, and the heir of a sa'ibah slave is considered to be the one who set him free.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6753
