صحيح البخاري
Bukhari
كتاب الأحكامThe Book of Al-Ahkam (Judgements)
بَابُ اسْتِقْضَاءِ الْمَوَالِي وَاسْتِعْمَالِهِمْ:Chapter. To appoint the Maula (freed slaves) as judges and officials.
Hadith 7175
اُردوEn
حَدَّثَنَا عُثْمَانُ بْنُ صَالِحٍ ، حَدَّثَنَا عَبْدُ اللَّهِ بْنُ وَهْبٍ ، أَخْبَرَنِي ابْنُ جُرَيْجٍ ، أَنَّ نَافِعًا أَخْبَرَهُ ، أَنَّ ابْنَ عُمَرَ رَضِيَ اللَّهُ عَنْهُمَا ، أَخْبَرَه قَالَ : "كَانَ سَالِمٌ مَوْلَى أَبِي حُذَيْفَةَ يَؤُمُّ الْمُهَاجِرِينَ الْأَوَّلِينَ ، وَأَصْحَابَ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي مَسْجِدِ قُبَاءٍ ، فِيهِمْ أَبُو بَكْرٍ ، وَعُمَرُ ، وَأَبُو سَلَمَةَ ، وَزَيْدٌ ،وَعَامِرُ بْنُ رَبِيعَةَ " .
Narrated Ibn `Umar: Salim, the freed salve of Abu Hudhaifa used to lead in prayer the early Muhajirin (emigrants) and the companions of the Prophet in the Quba mosque. Among those (who used to pray behind him) were Abu Bakr, `Umar, Abu Salama, and Amir bin Rabi`a.
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
The reason for this was that Salim was a great reciter of the Qur'an, whereas in another hadith it is stated: "Learn the Qur'an from four persons: Abdullah ibn Mas'ud, Salim the freed slave of Abu Hudhayfah, Ubayy ibn Ka'b, and Mu'adh ibn Jabal (radi Allahu anhum)."
In one narration, Aisha (radi Allahu anha) says: "Once I was delayed in coming to the Messenger of Allah (sallallahu alayhi wa sallam). He asked the reason. I said, 'I heard a reciter reciting the Qur'an in a most excellent manner.' Upon hearing this, he took his cloak and went outside. He saw that it was Salim, the freed slave of Abu Hudhayfah (radi Allahu anhu). He said, 'All praise is due to Allah, Who has made such a person in my ummah.'"
Salim (radi Allahu anhu) was leading the prayer, though he was a freed slave. From this, it is established that a slave can be made a ruler or a judge, provided he possesses the necessary qualifications.
The reason for this was that Salim was a great reciter of the Qur'an, whereas in another hadith it is stated: "Learn the Qur'an from four persons: Abdullah ibn Mas'ud, Salim the freed slave of Abu Hudhayfah, Ubayy ibn Ka'b, and Mu'adh ibn Jabal (radi Allahu anhum)."
In one narration, Aisha (radi Allahu anha) says: "Once I was delayed in coming to the Messenger of Allah (sallallahu alayhi wa sallam). He asked the reason. I said, 'I heard a reciter reciting the Qur'an in a most excellent manner.' Upon hearing this, he took his cloak and went outside. He saw that it was Salim, the freed slave of Abu Hudhayfah (radi Allahu anhu). He said, 'All praise is due to Allah, Who has made such a person in my ummah.'"
Salim (radi Allahu anhu) was leading the prayer, though he was a freed slave. From this, it is established that a slave can be made a ruler or a judge, provided he possesses the necessary qualifications.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 7175
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
➊
In the presence of all these noble Companions (radi Allahu anhum ajma'in), it was Hazrat Salim (radi Allahu anhu) who would perform the duty of leading the prayer because he was a greater memorizer of the Qur'an and an excellent reciter.
(Sahih al-Bukhari, al-Adhan, Hadith 692)
From this hadith, it is understood that it is permissible to appoint a freed slave as a ruler or judge, provided that he possesses the necessary qualifications. However, for the greater leadership (imamat kubra), being from the Quraysh is a fundamental condition, as we have previously explained.
➋
Hazrat Nafi' bin 'Abd al-Harith was the governor of Makkah on behalf of Hazrat Umar (radi Allahu anhu).
Once, he came to meet him at the place of 'Usfan, so Hazrat Umar (radi Allahu anhu) asked him:
"Who have you appointed as your deputy in Makkah?" He replied, "I have appointed Ibn Abza as my deputy."
He said,
"You have appointed a slave as your deputy?" He replied,
"He is a reciter of the Qur'an and a scholar of the laws of inheritance (ilm al-fara'id)."
Hazrat Umar (radi Allahu anhu) said:
"The Messenger of Allah (sallallahu alayhi wa sallam) said:
'Indeed, Allah elevates many peoples through this Qur'an and lowers many peoples through it.'"
(Sahih Muslim, Salat al-Musafirin, Hadith: 1897(817))
➊
In the presence of all these noble Companions (radi Allahu anhum ajma'in), it was Hazrat Salim (radi Allahu anhu) who would perform the duty of leading the prayer because he was a greater memorizer of the Qur'an and an excellent reciter.
(Sahih al-Bukhari, al-Adhan, Hadith 692)
From this hadith, it is understood that it is permissible to appoint a freed slave as a ruler or judge, provided that he possesses the necessary qualifications. However, for the greater leadership (imamat kubra), being from the Quraysh is a fundamental condition, as we have previously explained.
➋
Hazrat Nafi' bin 'Abd al-Harith was the governor of Makkah on behalf of Hazrat Umar (radi Allahu anhu).
Once, he came to meet him at the place of 'Usfan, so Hazrat Umar (radi Allahu anhu) asked him:
"Who have you appointed as your deputy in Makkah?" He replied, "I have appointed Ibn Abza as my deputy."
He said,
"You have appointed a slave as your deputy?" He replied,
"He is a reciter of the Qur'an and a scholar of the laws of inheritance (ilm al-fara'id)."
Hazrat Umar (radi Allahu anhu) said:
"The Messenger of Allah (sallallahu alayhi wa sallam) said:
'Indeed, Allah elevates many peoples through this Qur'an and lowers many peoples through it.'"
(Sahih Muslim, Salat al-Musafirin, Hadith: 1897(817))
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 7175
