Bukhari

Hadith Commentary:
From this hadith, Imam Bukhari rahimahullah derived the purpose of the chapter as follows: When the Prophet sallallahu alayhi wa sallam invalidated the manumission (tadbir) of a slave, even though his owner had manumitted him willingly, and the reason was that the deceased had no other wealth for his heirs except this slave, it is as if, due to the displeasure of the heirs—whose ownership had not yet even been established over this slave—the tadbir was deemed invalid. Therefore, how can that tadbir or sale be valid in which the owner himself is displeased and it is done under compulsion?

Mahlab said: There is consensus among the scholars that the sale of one who is coerced (mukrah) is not valid. However, the Hanafis have said that if someone frees or manumits (makes mudabbar) a slave or slave-girl purchased from a coerced seller, then this action of the buyer will be valid.

The summary of Imam Bukhari’s objection to this is as follows: There is a contradiction in the statement of the Hanafis. If the sale by a coerced person is valid and results in true ownership, then all transactions by the buyer should be valid. If it is not valid and does not result in true ownership, then neither vows (nadhr) nor manumission (tadbir) should be valid. To affirm the validity of vows and tadbir, and then not consider the coerced sale as valid, is contradictory.

(Wahidi)

Hadith Commentary:
➊
Tadbir is when an owner says to his slave, "You are free after my death." Such a slave is called a mudabbar. According to this hadith, the person who made his slave mudabbar had nothing except the slave. Since he had nothing to cover his personal expenses and making the slave mudabbar was an act of foolishness on his part, and also because his heirs could be displeased with him, therefore, due to his foolishness and the displeasure of the heirs, the Messenger of Allah (sallallahu alayhi wa sallam) declared the act of making the slave mudabbar as impermissible and had the slave sold. On this basis, how can the sale and gift of a person be valid when the owner does not wish to sell or gift him, but he is sold or gifted to someone else by force?

➋
Hafiz Ibn Hajar rahimahullah has written, quoting Ibn Battal, that the person who made his slave mudabbar while he had no other wealth, it is as if he made his slave mudabbar due to lack of intelligence, so the Messenger of Allah (sallallahu alayhi wa sallam) rejected his act of making the slave mudabbar, even though he was the owner. So, if a person buys a slave through a corrupt (fasid) sale and his ownership is not valid, then when he makes the purchased slave mudabbar or frees him, how can his tadbir and freeing be valid when his ownership itself is not valid?
(Fath al-Bari: 12/400)

Hadith Commentary:
The correspondence between the chapter and the hadith is evident.

Hadith Commentary:
(1)
The position of the majority of scholars is that in every type of expiation, a mudabbar, umm walad, and mukatab, etc., can be set free. Imam Bukhari rahimahullah has supported the view of the majority with the aforementioned hadith: if a mudabbar slave can be sold, then why can he not be set free? Umm walad and mukatab can be analogized to this.
(2)
If a child born of zina is a believer, then he is superior to a disbelieving slave. The Qur’anic verse is absolute, so he can be set free in expiation for an oath (kafarat al-yamin). And Allah knows best.

Hadith Commentary:
The ruler of the time has the authority, when necessary, to sell someone’s property so that a debt or other rights may be fulfilled, as the Messenger of Allah (sallallahu alayhi wa sallam) sold the slave of a man who had made him a mudabbar (a slave set free after the master’s death), because that man had no other property besides that slave. Therefore, the Prophet (sallallahu alayhi wa sallam) annulled his action (of making the slave mudabbar). However, in the case of another person who was generally deceived in buying and selling, his action was not annulled; rather, the Prophet (sallallahu alayhi wa sallam) instructed him: When you buy or sell, say (لاَخِلاَبَةَ) (“No deception”), because his buying and selling did not result in all his wealth being lost.
(Fath al-Bari: 3/222)

Hadith Commentary:
From this, the subject of the chapter is established.
The mentioned person was destitute; that slave was his only asset.
And for him, he had announced freedom after his own death, which would have resulted in the deprivation of rights of other rightful claimants.
Therefore, the Prophet (sallallahu alayhi wa sallam) had him sold during his lifetime.

Hadith Commentary:
(1)
The name of this slave was Ya‘qub, the owner’s name was Abu Mazkur, and his price was eight hundred dirhams. All these details are explicitly mentioned in a narration of Sunan al-Nasa’i. (Sunan al-Nasa’i, al-Buyu‘, Hadith: 4657)

(2)
Ibn Bustami has said that the subject is not established from this hadith because the one who made the slave mudabbar had no other wealth, and there is also no explicit mention of debt in the narration. The Messenger of Allah (sallallahu alayhi wa sallam) sold him so that the owner would not free him and then become destitute himself. Ibn Munir replied that perhaps the owner was in debt, as is explicitly mentioned in some narrations that the wealth of a debtor can itself be distributed and can also be given to the creditor for distribution. When a slave can be sold for personal needs, then selling him for creditors is even more permissible.

(3)
Hafiz Ibn Hajar (rahimahullah) says: In my view, the wording is such that the wealth of an insolvent person should be sold and distributed among the creditors, and the wealth of a poor person should be sold and given to him himself so that he may spend on himself. Also, in some narrations, it is mentioned that the Messenger of Allah (sallallahu alayhi wa sallam) said to the creditors: “This is all you have; divide it among yourselves according to your share of the debt.” (Sahih Muslim, al-Musaqat, Hadith: 3981(1556))

It should be clear that as long as the slave is not freed, the one who promised his freedom can change his mind and say that now my circumstances do not permit it.

Hadith Commentary:
(1)
The ahadith that Imam Bukhari rahimahullah has mentioned under this chapter heading discuss in detail the issue at hand: that when it becomes apparent that a person is wasting wealth, he should be prevented from making transactions and restrictions should be imposed upon him, provided that the wealth is substantial or encompasses his entire property, as is understood from the incident of the man who freed his slaves.
And when the matter concerns something insignificant and there is no apparent wastage of wealth, then he should not be prevented from making transactions, as is understood from the incident of the person who was deceived in buying and selling.
(Fath al-Bari: 5/90)
In any case, selling the property of a weak or feeble-minded person and handing over its price to him, and advising him to spend it in a better way—all these are acts of goodness.
Elders should act in this manner regarding the affairs of the young so that they spend thoughtfully in good deeds and do not waste their wealth in extravagance.

(2)
It should be noted that the explanation of both aforementioned ahadith has already been given; the purpose of mentioning them here is to emphasize that one should avoid those matters which lead to quarrels and disputes, because such disagreements give rise to hatred and malice, which are causes of a person's destruction.
Wallahu al-musta‘an.

Hadith Commentary:
His name was Ya‘qub.
The Prophet (sallallahu alayhi wa sallam) sold him through Nu‘aym for eight hundred dirhams, or seven hundred, or nine hundred.
The well-known position of Imam Shafi‘i and Imam Ahmad is that the sale of a mudabbar (a slave whose emancipation is conditioned upon the master's death) is permissible.
According to the Hanafis, it is absolutely prohibited, and the Malikis hold that if the master is in debt and there is no other property with which to pay the debt, then the mudabbar will be sold; otherwise, he will not.
The Hanafis have used certain hadiths as evidence for the prohibition of sale, but those hadiths are weak, and from an authentic hadith, the permissibility of selling a mudabbar is established.
This is during the lifetime of the master.
(Wahidi)
From this hadith, the preference for the Maliki school’s position is understood, because the situation of the slave mentioned in the hadith was almost exactly like this.
In any case, if the master wishes, he may sell the mudabbar during his own lifetime, because the slave’s emancipation is conditional upon the master’s death.
Before death, all rulings of sale and purchase will continue to apply to him.
And Allah knows best.

Hadith Commentary:
(1)
A "mudabbar" slave is one to whom his master says:
"You are free after my death."
This is an absolute (mutlaq) mudabbar.
If he says:
"If I die from this illness, then you are free," this is a restricted (muqayyad) mudabbar.

(2)
There is a difference of opinion among the scholars of hadith regarding the buying and selling of a mudabbar slave.
From the aforementioned chapter heading of Imam Bukhari rahimahullah and the hadith presented, it appears that, in general, the sale of a mudabbar is permissible.
According to us, the sale of a mudabbar is subject to certain conditions:
The first condition is that his master is in debt, and the second condition is that he does not possess any property from which the debt can be repaid.
In such circumstances, the master may sell his mudabbar slave whenever he wishes during his lifetime.
The slave mentioned in the hadith whose sale is discussed had a master who was faced with such circumstances; thus, the slave’s freedom was conditional upon the master’s death, so before death, if the need arises, he may sell him.

Hadith Commentary:
Nu‘aym bin ‘Abdullah radi Allahu anhu took it for eight hundred dirhams. When the Prophet sallallahu alayhi wa sallam said, “Who will buy this?” this was indeed an auction.
And the objection of Isma‘ili is refuted, who said that auction is not established from the hadith because it does not mention that people began to increase the price. And the permissibility of selling a mudabbar (a slave set free upon the owner’s death) is derived. This is also the view of Imam Shafi‘i rahimahullah and our Imam Ahmad bin Hanbal rahimahullah, but according to Imam Abu Hanifah rahimahullah and Imam Malik rahimahullah, the sale of a mudabbar is not valid.
Details are forthcoming.
Hafiz Ibn Hajar rahimahullah says:
Lama an taqaddama fi al-bab qablahu al-nahy ‘an al-sawm arada an yubayyina mawdi‘ al-tahrimah minhu wa qad awdahthuhu fi al-bab alladhi qablahu wa warada fi al-bay‘ fiman yazid hadith Anas annahu sallallahu alayhi wa sallam ba‘a hilsan wa qadahan wa qala man yashtari hadha al-hils wa al-qadah faqala rajul akhadhthuhuma bidirham faqala man yazid ‘ala dirham fa a‘taahu rajul dirhamayn fabaa‘ahuma minhu akhrajahu Ahmad wa ashab al-sunan mutawalan wa mukhtasaran wa al-lafz lil-Tirmidhi wa qala hasan wa kana al-musannif ashar bi al-tarjamah ila tad‘if ma akhrajahu al-Bazzar min hadith Sulaiman bin Wahb sami‘tu al-nabiy sallallahu alayhi wa sallam yanhā ‘an bay‘ al-muzayadah fa inna fi isnadihi Ibn Lahi‘ah wa huwa da‘if.
(Fath)
Since in the previous chapter the prohibition of outbidding over another’s bid has already been mentioned, therefore the author wished to clarify the context of the prohibition, and I have already explained this in the previous chapter.
Here, Imam al-Bukhari rahimahullah began the discussion of auction and established its permissibility.
And regarding this sale, another hadith is narrated from Anas radi Allahu anhu that the Prophet sallallahu alayhi wa sallam auctioned an old mat and a cup.
And a man bid one dirham for them.
Upon the Prophet’s sallallahu alayhi wa sallam second announcement, another man bid two dirhams.
And the Prophet sallallahu alayhi wa sallam gave both items to him.
Imam al-Bukhari rahimahullah here indicated that the hadith found in Musnad al-Bazzar, narrated from Sufyan bin Wahb, in which there is a prohibition of auction, is weak.
In its chain is Ibn Lahi‘ah, who is weak.
Hazrat ‘Ata bin Abi Rabah is among the most renowned Tabi‘in.
His kunyah is Abu Muhammad; he was a venerable jurist.
He became blind in the latter part of his life.
Imam Awza‘i rahimahullah said that at the time of his death, every tongue was mentioning him with goodness.
And all people were pleased with him.
Imam Ahmad bin Hanbal rahimahullah said that Allah made Hazrat ‘Ata bin Abi Rabah rahimahullah, who was an Abyssinian, the possessor of the treasures of knowledge.
Knowledge is a gift from Allah; He gives it to whomever He wills.
Salamah bin Kuhayl said: ‘Ata, Tawus, Mujahid rahimahumullah are those elders whose sole purpose in knowledge was the Essence of Allah.
He passed away at the age of 88 in 115 AH.
Rahimahullah.

Hadith Commentary:
(1)
Imam Bukhari rahimahullah, through the mentioned chapter heading, has indicated the weakness of the narration in which it is stated that the Messenger of Allah sallallahu alayhi wa sallam forbade the sale by auction (niyalah/niyalah sale).
(Kitab al-Isnad ‘an al-Zawa’id al-Barrar: 1/483)
Some scholars have objected that the presented hadith does not mention auction (niyalah) explicitly, but the statement of the Messenger of Allah sallallahu alayhi wa sallam, “Who will buy this from me?” is itself sufficient proof for the permissibility of auction.
In any case, if auction is conducted merely to raise the price, then it is prohibited.
If there is an intention to purchase, then auction is permissible.
There is clear evidence for this in the mentioned hadith.

Hadith Commentary:

Benefits and Issues:
According to Hafiz, the title "Nukham" was used for both Nu'aym and his father Abdullah.

Hadith Commentary:
Vocabulary of the Hadith:
Mudabbar:
This refers to a slave to whom his master says,
“You are free after my death.”

Benefits and Issues:
From this hadith, it is understood that it is permissible to sell a mudabbar slave,
but what is the exact manner of this,
there is a difference of opinion regarding it.

➊ According to Imam Shafi’i,
the slave can be sold in any case during the lifetime of the owner,
whether the owner is in need or not.
This is also the correct opinion of Imam Ahmad.
Aishah radi Allahu anha,
Tawus,
Umar ibn Abd al-Aziz, and Mujahid and others held this view.

➋
If the owner is in debt and has no wealth except this mudabbar slave,
then it is permissible to sell him.
This is the view of Imam Ishaq,
Abu Khaythamah,
and one opinion of Imam Ahmad as well.

➌
If the tadbir (declaration of emancipation) is absolute,
then according to Imam Abu Hanifah and Imam Malik, it is not permissible.
If the tadbir is conditional, i.e., “If I die this month,”
or “If I die in this illness,”
but if he does not die, then it is permissible to sell him.
However, in the hadith, the tadbir being conditional is not established,
therefore, the correct view is that in a situation of need and necessity, it is permissible to sell a mudabbar slave.
According to the Hanafis, the slave was given forward on hire and wages,
his ownership was not sold.
From some eminent Companions as well, the Hanafi position regarding the mudabbar is transmitted,
therefore, it should be interpreted only in the case of necessity for sale.

Explanation:
1:
The name of this person was Abu Madhkur Ansari, and the name of the slave was Ya'qub.

2:
A "mudabbar" is that slave whose owner says to him, "After my death, you are free."

3:
In some narrations, it is mentioned that he was in debt; therefore, the Prophet (sallallahu alayhi wa sallam) sold him so that his debt could be paid off through this means. From this hadith, it is understood that it is permissible to sell a mudabbar slave in times of necessity.

Benefits and Issues:
➊ If a slave has been declared as "mudabbar" (one who is to be freed after the master's death), and the circumstances and conditions do not permit, then his emancipation can be revoked and it is permissible to sell him.

➋ To give charity while being oneself in need, although it is a virtuous act, one should consider whether it is possible for such people to face the resulting circumstances or not.

Benefits and Issues:
To make a bequest regarding a slave that he will be set free after my death is completely permissible and lawful.
However, in view of the circumstances of the heirs, if they are utterly destitute, such a bequest can also be annulled.
The judge (qadi) and ruler have the authority to annul it.

Benefits and Issues:

➊
By "mudabbar" is meant that slave to whom his master says: "You are free after my death." (Fath al-Bari: 4/531)

➋
As long as the master is alive, the mudabbar remains a slave, and all rulings pertaining to slaves apply to him.

➌
In a situation of necessity, this conditional freedom of the mudabbar slave can be nullified, as is evident in this hadith, where the one who set the slave free had no wealth. In Sahih Bukhari, it is mentioned that he was needy. (Sahih al-Bukhari, al-Buyu', Chapter: Selling by Auction, Hadith: 2141)
In addition, he was also in debt. (Fath al-Bari, al-Buyu', Chapter: Selling the Mudabbar, referencing Isma‘ili)

➍
The name of the Companion who set the slave free is reported as Abu Muthkur. (Sunan Abi Dawud, al-‘Itq, Chapter: Regarding the Sale of the Mudabbar, Hadith: 3955)

➎
The name of the Companion who purchased the slave was Nu‘aym ibn ‘Abdullah. (Sahih al-Bukhari, al-Buyu', Chapter: Selling by Auction, Hadith: 2141)
He is also called Ibn Nahham, because the Messenger of Allah (sallallahu alayhi wa sallam) heard the sound of his sandals in Paradise. (Hashiyah Sahih Muslim by Muhammad Fu'ad ‘Abd al-Baqi, Kitab al-Iman, Chapter: Permissibility of Selling the Mudabbar)

➏
The name of the slave was Ya‘qub. (Sunan Abi Dawud, al-‘Itq, Chapter: Regarding the Sale of the Mudabbarah, Hadith: 997)

➐
The price of the slave was paid as eight hundred dirhams. (Sahih al-Bukhari, al-Ahkam, Chapter: The Imam Selling the Property and Land of the People, Hadith: 7186)

Takhrij:
«أخرجه البخاري، البيوع، باب بيع المزايدة، حديث:2141، ومسلم، الأيمان، باب جواز بيع المدبر، حديث:997، بعد حديث:1668.»©Explanation:
➊ In Sahih al-Bukhari and other collections, it is mentioned that he (the slave) was sold for eight hundred dirhams, and Hazrat Nu'aym bin Abdullah bin Nahham bought him.
See: (Sahih al-Bukhari, Kitab al-Kaffarat al-Ayman, Hadith: 6716)
➋ In the narration of Sunan al-Nasa'i, it is stated that he was in debt, so the Prophet sallallahu alayhi wa sallam sold him in order to pay off his debt.
See: (Sunan al-Nasa'i, Kitab Adab al-Qada', Hadith: 5420)
➌ From this hadith, it is understood that it is permissible to sell a mudabbar slave in times of necessity and need.
Imam Shafi'i rahimahullah, the Ahl al-Hadith, and the majority of jurists hold the view that selling him unconditionally is permissible.
➍ Apparently, from the hadith, it is evident that selling (the mudabbar slave) at the time of necessity is permissible.

Takhrij:
«أخرجه البخاري، البيوع، باب بيع المزايدة، حديث:2141، ومسلم، الأيمان، باب جواز بيع المدبر، حديث:997، بعد حديث:1668، والنسائي، الزكاة، حديث:2547.»©Explanation:
➊ This hadith has already been mentioned in brief in the Book of Transactions (Kitab al-Buyu‘), and it is evidence that it is permissible to make a slave a mudabbar (one who is set free after the owner's death).
The majority (jumhur) say that he can be made mudabbar from one third of the estate, not from the entire capital.
➋ This hadith proves the permissibility of “auctioning” — that is, to say regarding an item for sale: “Who will buy this item?” One person says: “I will buy it for such-and-such amount.”
Another says: “I will buy it for such-and-such amount.”
In this way, the buyers keep increasing the price.
When the owner sees that the price has reached an appropriate level, he sells it.
Nowadays, in marketplaces, goods are generally sold in this manner, and this method is permissible.
It should be noted that bidding merely to raise the price is not permissible.
Explanation: «حضرت نُعَیْم بن عبداللہ رضی اللہ عنہ » His title was Nakhkham.
There is a fathah on the “nun” and a shaddah on the “kha.”
He was from the Quraysh tribe of Banu ‘Adi, but he was among the early Muslims.
In the beginning, he kept his faith concealed.
When he intended to migrate, Banu ‘Adi said: “Do not leave from here, remain upon whatever religion you wish,” because he used to spend on widows and orphans.
Then, in the year of the Treaty of Hudaybiyyah, he migrated.
He attained martyrdom in the conquests of Sham during the caliphate of Abu Bakr or ‘Umar (radi Allahu anhuma).

Benefit:
A "mudabbar" slave is one to whom it is said that when the owner passes away, you will become free. From this hadith, it is understood that a person should act while keeping in mind the needs of his family and dependents. In this hadith, a Companion (radi Allahu anhu) had declared his slave to be free after his own death, while he possessed no other wealth besides this slave. The Noble Prophet (sallallahu alayhi wa sallam) did not consider the statement of the deceased, but rather sold the slave and gave its value to the family and dependents. Furthermore, it is also understood from this that an invalid condition is of no consideration.