Bukhari

Hadith Authentication (Takhrij al-Hadith):
This narration is found in Sahih al-Bukhari at three places. [ح 278، 3404، 4799]
In addition to Imam al-Bukhari rahimahullah, the following hadith scholars have also narrated it:
Muslim al-Naysaburi [صحيح مسلم ح339 وترقيم دارالسلام : 770 وبعد ح 2371 ترقيم دارالسلام : 6146، 6147]
Al-Tirmidhi [السنن : 3221 وقال : ”هذا حديث حسن صحيح“ إلخ]
Al-Nasa’i in al-Tafsir [444، 445]
Al-Tahawi in Mushkil al-Athar [1؍11]
And al-Tabari in his Tafsir [تفسير ابن جرير 22؍37]
This narration is also found in the following books:
Musnad Abi ‘Awanah [281/1]
Sahih Ibn Hibban [الاحسان 94/14 ح 6178، دوسرا نسخه : 6211]
Al-Awsat by Ibn al-Mundhir [120/2 ح649]
Al-Sunan al-Kubra by al-Bayhaqi [198/1]
Ma‘alim al-Tanzil by al-Baghawi [545/3]
The following hadith scholars narrated this narration before Imam al-Bukhari rahimahullah:
Ahmad ibn Hanbal [المسند 2؍315، 392، 514، 535]
‘Abd al-Razzaq [المصنف : 20531]
Hammam ibn Munabbih [الصحيفة : 61]
This narration from Sayyiduna Abu Hurayrah radi Allahu anhu is transmitted through the following eminent Tabi‘in:
① Hammam ibn Munabbih [الصحيفة: 61 وصحيح البخاري : 278 وصحيح مسلم : 339]
② Muhammad ibn Sirin [صحيح البخاري : 3404، 4799]
③ Khallas ibn ‘Amr [صحيح البخاري : 3404، 4799]
④ Al-Hasan al-Basri [صحيح البخاري : 3404، 4799]
⑤ ‘Abdullah ibn Shaqiq [صحيح مسلم : 339 بعد ح2371 ترقيم دارالسلام : 6147]
Other chains of transmission for this narration, as well as reports from the Companions and Tabi‘in, are also narrated. See:
Musannaf Ibn Abi Shaybah [11؍533، 535]
And Tafsir al-Tabari [22؍36، 37]
And Kashf al-Astar [مسند البزار : 2252]
From this detail, it is clear that this narration in Sahih al-Bukhari is absolutely authentic.

In the explanation of this hadith, Hafiz Ibn Hazm al-Andalusi rahimahullah writes:
«انه ليس فى الحديث انهم رأوا من موسي الذكر - الذى هو عورة - و ان رأوا منه هيئة تبينوا بها أنه مبرأ مما قالوا من الادرة وهذا يتبين لكل ناظر بلا شك، بغير أن يرى شيئًا من الذكر لكن بأن يرى مابين الفخذين خاليًا»
“In the hadith, it is not stated that they (the Children of Israel) saw the private part (i.e., the genitals) of Musa (alayhis salam). They saw such a state from which it became clear that Musa alayhis salam was free from the accusations of those people that he was ‘adr’ (i.e., that his testicles were very large). Every observer, in such a state, without any doubt and without seeing the private part, comes to know this when he sees that the space between the thighs is empty.” [المحليٰ 3؍213 مسئله : 349]
From this explanation, it is understood that the accusations of physical defect which the Children of Israel used to level against Sayyiduna Musa alayhis salam, he was free from all those accusations. Secondly, it is also not stated in this narration that Sayyiduna Musa alayhis salam was bathing completely naked. From the words of Imam Ibn Hazm, it appears that he had covered his private part with a loincloth or something similar, and the rest of the body was uncovered.
The Children of Israel did not see his private part at all; therefore, the mockery of this hadith by the deniers of hadith is rejected.
SA Some people have said, “So what is meant by saying three or four marks?” EA The answer is that Allah the Exalted says: «وَأَرْسَلْنَاهُ إِلَىٰ مِائَةِ أَلْفٍ أَوْ يَزِيدُونَ» “And We sent him to a hundred thousand or more.” [الصّٰفّٰت : 147 ترجمه شاه عبدالقادر ص543]
Read the translation of this noble verse from the writing of Shah Waliullah al-Dihlawi:
«وفرستاديم اُو را بسوئے صد هزار يا بيشتر ازان باشند» [ص543]
Whatever explanation the deniers of hadith will give for the word “aw” (or) in this noble verse, that same explanation applies to the statement of Sayyiduna Abu Hurayrah radi Allahu anhu in «ستة أو سبعة» at «او». «والحمدلله»

Hadith Authentication (Takhrij al-Hadith):
[194۔ البخاري فى : 5 كتاب الغسل : 20 باب من اغتسل عريانًا وحده فى الخلوة 278، مسلم 339]

Linguistic Explanation:
«آدَرُ»: One with large testicles.
«فِيْ اِثْرِهِ»: Behind it.
«نَدَبٌ»: Mark.

Hadith Commentary:
1.
It is mentioned in the hadith that the Messenger of Allah (sallallahu alayhi wa sallam) saw a man bathing naked and said:
“When any one of you performs a ritual bath (ghusl), he should bathe in seclusion.”
(Sunan Abi Dawud, al-Hammam, Hadith: 4012)
In light of this hadith, the muhaddith Ibn Abi Layla (rahimahullah) holds the view that bathing naked in seclusion is not permissible.
Imam Bukhari (rahimahullah), in refutation of his view, has established the chapter heading that bathing naked in seclusion is permissible, although it is better to cover the private parts (awrah) while performing the ritual bath, because even though there is no human present in seclusion from whom one would feel shame, one should feel shame before Allah Ta’ala.
If, out of modesty before people, it is not correct to bathe naked, then one should all the more feel shame before Allah Ta’ala.
For this, Imam Bukhari (rahimahullah) has cited the narration of Hazrat Bahz bin Hakim (radi Allahu anhu), whose grandfather Hazrat Mu’awiyah bin Haydah (radi Allahu anhu) asked the Messenger of Allah (sallallahu alayhi wa sallam) about uncovering the private parts in seclusion, to which he replied:
“Allah Ta’ala has more right that one should feel shame before Him.”
(Jami’ al-Tirmidhi, al-Adab, Hadith: 2769)
Now the question arises: in light of this hadith, there is no justification for bathing naked even in seclusion, so why did Imam Bukhari (rahimahullah) adopt the position of its permissibility? Imam Bukhari (rahimahullah) has presented two incidents for its permissibility: that Hazrat Musa (alayhis salam) once bathed naked in seclusion, and likewise Hazrat Ayyub (alayhis salam) also performed a ritual bath while unclothed.
The Messenger of Allah (sallallahu alayhi wa sallam) narrated the actions of these previous Prophets (alayhimus salam) and did not express any objection to them.
If there had been a different ruling in our Shari’ah, he would certainly have pointed it out; therefore, this silence is a silence in a context where clarification is expected, from which it is concluded that there is no harm in bathing unclothed.
This can also be stated as follows: after mentioning several Prophets (alayhimus salam) in the Noble Qur’an, Allah Ta’ala said:
“Those are the ones whom Allah has guided, so follow their guidance.”
(al-An’am 6:90)
Therefore, the actions of these noble Prophets (alayhimus salam) are worthy of emulation and following.
(Fath al-Bari: 1/501)
2.
Bathing unclothed in an open space or in such a spacious place where there is no likelihood of people coming is not a sin, but merely permissible.
Some extremist individuals even tie a waistcloth while bathing in the bathroom.
In our view, this is undue strictness for which there is no allowance in the Shari’ah, because the bathroom itself serves as a covering (satr).
3.
Ibn Battal (rahimahullah) has written that the Children of Israel were disobedient to Hazrat Musa (alayhis salam).
That is why they used to bathe naked in front of each other.
Hafiz Ibn Hajar (rahimahullah) writes that this incident occurred during the stay of the Children of Israel in the Valley of Tih, where there were no women or houses.
It appears that in their Shari’ah, bathing naked in front of each other was permissible.
If they had done so in disobedience to him, then Hazrat Musa (alayhis salam) would certainly have been reported to have stopped them.
Hazrat Musa (alayhis salam) used to bathe alone because, for him, doing so was more virtuous.
(Fath al-Bari: 1/501)
4.
From this story of Musa (alayhis salam), it is understood that, for the purpose of treatment or to establish freedom from a defect, it is permissible to look at another’s private parts, for example:
If one of the spouses claims leprosy (baras) in the other for the purpose of annulment of marriage, then it is permissible to examine for verification.
It is also understood that the Prophets (alayhimus salam) are extremely perfect in their physical creation and character, and whoever attributes any physical or moral defect to them is among those who harm them, and there is a fear of disbelief (kufr) in committing such an act.
(Fath al-Bari: 6/532)
5.
Ibn Battal has written that from the incident of Ayyub (alayhis salam), the permissibility of bathing unclothed is established, because Allah Ta’ala reproached Hazrat Ayyub (alayhis salam) for gathering gold locusts, but did not reproach him for bathing unclothed.
(Sharh Ibn Battal: 1/393)

Benefits and Issues:
It is not permissible to sit naked without necessity even in solitude, and it is astonishing that among us, ignorant, innovating, and polytheistic people consider naked, irreligious, and senseless individuals to be friends of Allah (awliya Allah).

Benefits and Issues:

➊
To safeguard the private parts except from one's wife and slave woman means to abstain from illicit relations and adultery.
Allah Ta'ala says:

"And do not even go near adultery; indeed, it is an indecency and an evil way." (Bani Isra'il: 32)
This also means that one should not allow anyone to look at one's private parts.

➋
Generally, men do not consider it necessary to be cautious in this matter with other men, and women with other women.
This is an incorrect attitude.
Without any necessity, a man cannot look at the private parts of another man, nor a woman at those of another woman.

➌
This hadith also indicates that if a husband and wife see each other's private parts, there is no sin in it.
In the coming narrations, its prohibition is mentioned, but both those narrations are weak.

➍
Even in solitude, one should avoid being completely naked without necessity, although it is permissible to remove all clothing at the time of ritual bath (ghusl), etc. (Sahih al-Bukhari, al-Ghusl, Chapter: Whoever performed ritual bath naked alone in seclusion, and whoever covered himself, then covering is better, Hadith: 278)

Explanation:
1:
That is, if they commit such an act as a result of which their life and wealth become permissible (mubah), then at that time their life and wealth will no longer remain inviolable (haram).

2:
That is, whatever rights, authorities, and privileges are granted to the general Muslims, they too will be granted those.

Benefits and Issues:
The meaning of the right of Islam is that if a Muslim unjustly kills another, then he will be killed in retribution (qisas).
If he commits adultery while being married, then he will be stoned (rajm).
And if he seizes someone’s wealth, then he will return the wealth in compensation, and so on.

(1) Narrations of this meaning have already been mentioned in the Book of Zakat and the Book of Jihad, and their details have also been explained.

(2) “I have been commanded” means that permission has been granted to fight the disbelievers, but if they become Muslim, then it is not permissible to fight them, provided that they also act upon the important injunctions of Islam and live like Muslims.

(3) “If any right of Islam is due” means that if they have caused harm to anyone’s life or property, then they will be held accountable for that.

(4) People’s affairs will be judged according to what is apparent. If they manifest religious deeds, then the rulings of Muslims will be applied to them, even if inwardly they hold other beliefs. These rulings will continue to apply as long as they do not outwardly display any act against Islam.

(5) Whoever enters Islam will have the same rights as Muslims and will be subject to the same responsibilities as other Muslims.

For details, see the ahadith: 3971, 3972, 5000.

English translation:

It is obligatory to fight against those who withhold zakat, provided that they persist in non-payment and are prepared to fight for this cause. If they do not engage in fighting, then zakat will still be forcibly collected from them. For further details, see Hadith: 2445.

(1) Fighting against the disbelievers is not obligatory in every circumstance; rather, it is dependent upon the demands of the situation. If the disbelievers live as obedient subjects under the Muslims and pay the imposed tax (jizyah), then instead of fighting them, they should be kept as dhimmis. If a non-Islamic government is established, it is also permissible to live with them on the basis of equality and peace.

(2) The hadith clarifies the importance of the qiblah. Whoever deliberately does not face the qiblah during prayer, his prayer will not be valid. (See, Hadith: 3092. For the complete details of this issue, refer to the Book of Jihad.)

(1) Imam al-Nasa’i here wishes to clarify that in the aforementioned narration, ‘Imran Abu’l-‘Awwam al-Qattan is not strong in the science of hadith. He attributes this narration to the Musnad of Anas, whereas other narrators attribute this hadith to the Musnad of Abu Hurayrah radi Allahu anhu, as is clear from the previous ahadith: 3093 and 3094, and this is also correct. However, this difference does not affect the authenticity of the hadith; the hadith is absolutely authentic through other chains of transmission. And Allah knows best.

(2) “They became apostates (murtadd)” — There are several types of apostates, but here the disagreement concerns those who refused to pay zakah, whose position was that zakah was specific only to the Messenger of Allah sallallahu alayhi wa sallam, and no one else could collect it. However, the Prophet sallallahu alayhi wa sallam used to collect zakah as an amir (leader) or hakim (ruler); otherwise, it would not have been permissible for him. Therefore, now whoever becomes the deputy of the Prophet sallallahu alayhi wa sallam will also collect it as a ruler; otherwise, chaos will spread, and the obligation of zakah will be abandoned. The Messenger of Allah sallallahu alayhi wa sallam has made both prayer and zakah conditions for being a Muslim. Furthermore, the one who does not give zakah is a rebel against the government, and fighting against a rebel is, by consensus, permissible. ‘Umar radi Allahu anhu was of the opinion that since they recite the kalimah, fighting them is not permissible. However, through the arguments of Abu Bakr radi Allahu anhu, he understood that reciting the kalimah alone is not sufficient for being a Muslim; some other matters are also necessary, as is clarified in the aforementioned Prophetic hadith.

Hadith Commentary:
"That was generally before them in the year seven, and at that time Aisha (radi Allahu anha) was sixteen years old, and this was after the revelation of the verse of hijab. Thus, it is deduced from this that it is permissible for a woman to look at a non-mahram man (i.e., a man to whom marriage is permissible) (Tawshih).
That is, this incident took place in 7 AH, and at that time the age of Aisha (radi Allahu anha) was sixteen years. This incident occurred after the revelation of the verse of hijab.
Therefore, from this it is established that it is permissible for a woman to look at a non-mahram man, provided that this looking is not with desire. Even so, it is better to avoid looking."

Hadith Commentary:
(1)
The people of Habasha came to Madinah Tayyibah in the seventh year of Hijrah, and Aisha Siddiqa radi Allahu anha was sixteen years old at that time. This incident occurred after the command of hijab (veil) had been revealed.

From this, it is established that a non-mahram woman can look at any non-mahram man, provided there is no fear of temptation (fitnah).

This is also the position of Imam Bukhari rahimahullah.

This position is further supported by an ongoing practice: it is permissible for women to come and go in the mosque; they can go to mosques, markets, and travel while wearing a niqab (face veil), so that men do not see their faces, and men are not commanded to wear a niqab so that women do not see them.

From this, it is understood that in this matter, the rulings for men and women are different.

And Allah knows best. (Fath al-Bari: 9/418) (2)
According to our inclination, it is established from numerous ahadith that women participated in jihad, tended to the wounded, and cooked food for the mujahideen; all these matters are not possible without seeing men. Therefore, the position of Imam Bukhari rahimahullah is correct. However, this permissibility is only in the case where there is no fear of temptation (fitnah), as Imam Bukhari rahimahullah has clarified in the chapter heading.

If there is a fear of temptation and corruption, then it will not be permissible for a woman to look at a non-mahram man either.

And Allah is the one whose help is sought.

11.

Benefit:

The time for «عَشِي» lasts from immediately after the sun passes its zenith (zawal) until sunset (maghrib). Qasim bin Muhammad rahimahullah, the grandson of Abu Bakr radi Allahu anhu and the jurist of Madinah, by this statement intends to refute those who habitually perform the Zuhr prayer immediately after zawal. Even the Messenger of Allah sallallahu alayhi wa sallam would perform Zuhr only after spending some time following the sun’s decline. Ibn Mas’ud radi Allahu anhu states:

«كَانَتْ قَدْرُ صَلَاةِ رَسُولِ اللهِ صلى الله عليه وسلم فِي الصَّيْفِ ثَلاثَةَ أَقْدَامِ إِلى خَمْسَةِ أَقْدَامٍ وَفِي الشَّتَاءِ خَمْسَةَ أَقْدَامٍ إِلى سَبْعَةِ أَقْدَامٍ»

“The Messenger of Allah sallallahu alayhi wa sallam would perform the Zuhr prayer in summer when the shadow (after the sun’s decline) would reach three to five steps, and in winter when it would reach five to seven steps.”

[ابوداود: 400، نسائي: 504، اس كي سند صحيح هے]

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Statement regarding the time of Jumu‘ah

Benefit:

Since Jumu‘ah is a substitute for the Zuhr prayer, its time is exactly the same as Zuhr, that is, from the sun’s decline (zawal) until the shadow becomes equal to the object’s length. The Messenger of Allah sallallahu alayhi wa sallam and the Rightly Guided Caliphs radi Allahu anhum would perform Jumu‘ah at the earliest time. The noble Companions radi Allahu anhum were so eager and diligent in preparing for and hastening to attend Jumu‘ah that they would even delay their midday meal and siesta (qaylulah) until after Jumu‘ah.

[صحيح بخاري: 939، صحيح مسلم: 859]

Anas radi Allahu anhu says that the Noble Prophet sallallahu alayhi wa sallam would perform Jumu‘ah when the sun had declined. [صحيح بخاري: 904] Salamah bin Akwa‘ radi Allahu anhu says that we would perform Jumu‘ah with the Messenger of Allah sallallahu alayhi wa sallam when the sun had declined. [صحيح مسلم: 860]

Hadith Commentary:
This hadith is mentioned in this chapter with a connected chain. Arfada was the name of the ancestor of the Abyssinians; it is said that the Abyssinians are from the descendants of Habash, son of Kush, son of Ham, son of Nuh (Noah).
At one time, they had prevailed over all the Arabs, and their king Abraha had intended to demolish the Ka‘bah.
Here, this display by the Abyssinians was for the purpose of military training and practice.
From this, there is no sound evidence for the permissibility of dancing when it is done as amusement and play.
The Messenger of Allah (sallallahu alayhi wa sallam) addressed them as “Banu Arfada”; this is the intended point of the chapter.

Hadith Commentary:
➊
Arfada is the name of the forefather of the people of Habasha (Abyssinia).
The playing of the Abyssinians in the mosque was for the purpose of military training and practice.
The Sufis have tried to establish the permissibility of dance and musical audition (sama‘) from this hadith, but the majority of scholars have not agreed with this position, because the Abyssinians were practicing with small spears in order to acquire military training.
There is a vast difference between military practice and singing, dancing, and merrymaking! Dance is amusement, while practice is required.

➋
The Messenger of Allah (sallallahu alayhi wa sallam) attributed the people of Habasha to their forefather.
It is thus understood that it is permissible to do so in lineage.
This is the very point intended by Imam Bukhari (rahimahullah).
And Allah knows best.

Hadith Commentary: The meaning of this statement by Aisha Siddiqa radi Allahu anha is that the noble character of the Prophet sallallahu alayhi wa sallam was so excellent with his wives that he would himself observe and show them the art of warfare, so that when the need arose, women too would not retreat.

➊ From this hadith, it is also derived that it is permissible for a woman to look towards non-mahram men, provided it is not with ill intent or desire.

➋ From this hadith, it is also derived that speaking about any permissible worldly matter in the mosques is not prohibited, provided it does not cause noise or disturbance.

Hadith Commentary:
(1)
Aishah radi Allahu anha, in this hadith, has depicted the noble character of the Messenger of Allah sallallahu alayhi wa sallam, that he stood in the mosque for a long time. He sallallahu alayhi wa sallam himself observed the art of warfare (military displays), and also showed it to me, so that when needed, women too could stand shoulder to shoulder with men.

(2)
The Messenger of Allah sallallahu alayhi wa sallam treated his wives with the utmost kindness. In one narration, it is mentioned that while watching, my cheek was upon the cheek of the Messenger of Allah sallallahu alayhi wa sallam, until when I myself became bored, he said: “Have you had enough?” I said: “Yes,” so he said: “Then go.” (Sahih al-Bukhari, Al-Eidayn, Hadith: 950) From this, it can be understood how greatly the Messenger of Allah sallallahu alayhi wa sallam respected the pure emotions of his wives.

Hadith Footnote:
Vocabulary of the Hadith:
yazfinūna:
They were jumping and leaping.

Hadith Commentary:
Benefits and Issues:
From this hadith, it is understood that the display of martial arts, skills, or training and exercises with weapons of war can, when needed, take place even within the four walls of the mosque.
And the women of the nearby houses,
from behind a veil, can watch this display of jihad training.
The purpose should be to observe these martial exercises, not to look at the features of the men.
However, how can watching the display of martial weapons from behind a veil at home be used as justification for women to go to sports grounds, adorned and unveiled, to watch hockey, cricket, or similar games, and to engage in playful interactions with the players, where instead of the game itself, self-display is more prominent, and acts devoid of modesty and shame are committed, disregarding all sense of decency?

1595. Commentary: Playing, especially games involving military training, is absolutely not disliked. On Eid days, it is even more permissible. Lady Aisha (radi Allahu anha) was not in front of them, rather she was in her chamber and behind the Prophet (sallallahu alayhi wa sallam) as a screen. She could not be seen by them, nor could she see them directly; rather, Lady Aisha (radi Allahu anha) was watching their play, not the Abyssinians themselves. For women, it is prohibited to deliberately look at men, but incidental looking is not prohibited. Here, the purpose was to watch the play, not the men themselves, although incidentally they could also be seen. Just as when walking on the road, despite observing hijab, a woman may see men.

1596. Commentary: The details regarding playing in the mosque and a woman watching it have already been mentioned in the commentary of the previous hadith. From this incident, we learn about the noble character (khuluq azeem) of the Messenger of Allah (sallallahu alayhi wa sallam) and his excellent conduct towards his wife—how much consideration he showed for his wife's feelings. A truly good person is one who takes care of the legitimate feelings of others; everyone naturally looks after their own feelings.

Hadith Commentary:
In this hadith, the Noble Messenger (sallallahu alayhi wa sallam) has stated the great purpose of his blessed life: that during his lifetime in the land of Arabia, he must establish the principles of Islam, namely, "La ilaha illallah wa anna Muhammadan Rasulullah" (There is no deity except Allah, and Muhammad is the Messenger of Allah). Those who willingly accept this call will become members of our Islamic community and will be entitled to all the rights that Islam has prescribed for Muslims. As for those who stand in opposition to this call and desire only to fight, I will continue to fight them until Allah, the Exalted, decides between truth and falsehood.

As for those who are neither Muslims nor engage in fighting and conflict, for them the principle of Islam is "La ikraha fid-deen" (), meaning that there is no compulsion in religion; it is not permissible to force anyone in the propagation of Islam. It is up to everyone’s own choice—whoever wishes may accept, and whoever does not wish may refrain; Islam has not permitted any kind of coercion in matters of religion.

Hadith Commentary:
1.
In this hadith, the ultimate objective of fighting has been stated as the utterance of "La ilaha illallah" (There is no deity except Allah), whereas according to the narration in Sahih Muslim, the objective of fighting is stated as "La ilaha illallah wa anna Muhammadan Rasulullah" (There is no deity except Allah and Muhammad is the Messenger of Allah).
(Sahih Muslim, Al-Iman, Hadith 29(22))
The explanation for this is that the first narration pertains to those idolaters who do not affirm tawhid (the oneness of Allah) at all, while the second narration is for those who do affirm tawhid but deny the messengership of the Messenger of Allah (sallallahu alayhi wa sallam).
Regarding them, it is stated:
"I have been commanded to fight them until they affirm the two testimonies."
(Fath al-Bari: 6/137)
That is, fighting will continue until they affirm that which they deny, but for the right of Islam, they may be killed.

2.
The rights of Islam are three things:
➊ To kill a person without just cause.
➋ For a married person to commit adultery (zina).
➌ To apostatize from the religion of Islam.
➊ They will be killed even after affirming the two testimonies, and their lives will have no protection.
('Umdat al-Qari: 10/266)

Hadith Commentary:
Because in zakat, a young goat (kid) is indeed included, but a rope is not given as zakat.
Some have said that when the Messenger of Allah (sallallahu alayhi wa sallam) sent Muhammad ibn Maslamah to collect zakat, he would also take a rope from each person to tie the zakat animals; thus, incidentally, a rope would also be given in zakat.

Hadith Commentary:
➊
After the passing of the Messenger of Allah sallallahu alayhi wa sallam, people were divided into three groups, the details of which are as follows:
Some people turned away from the religion of Islam (apostated) and reverted to disbelief, rejecting the laws of Islam and adopting idol worship.
Some people denied the finality of Prophethood and accepted Musaylimah the Liar and Aswad Ansi as claimants to Prophethood.
Abu Bakr as-Siddiq radi Allahu anhu fought against both these groups and put an end to them.
In fighting against them, Umar radi Allahu anhu was his supporter.
There was also a third group that differentiated between prayer (salah) and zakah.
Their stance was that after the Messenger of Allah sallallahu alayhi wa sallam, it was not necessary to give zakah to his successor.
Regarding fighting against them, Umar radi Allahu anhu disagreed with Abu Bakr radi Allahu anhu, which is mentioned in the referenced hadith.
Abu Bakr as-Siddiq radi Allahu anhu, by analogy with prayer, intended to fight against them regarding zakah, while Umar al-Faruq radi Allahu anhu argued from the generality of the hadith.
Abu Bakr radi Allahu anhu also strengthened his position with the words "the right of Islam" mentioned in the hadith.
After this clarification, Umar radi Allahu anhu was also satisfied.

➋
It should be noted that there is a narration from Ibn Umar radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said:
"I have been commanded to fight the people until they testify to the two testimonies, establish prayer, and pay zakah. When they do this, they have protected their wealth and lives from me except for the right of Islam, and their (inner) reckoning is with Allah the Exalted." (Sahih al-Bukhari, Kitab al-Iman, Hadith: 25)
This hadith was not remembered by Abu Bakr radi Allahu anhu; if he had remembered it, he would have presented it instead of analogy, and neither was it present before Umar radi Allahu anhu, otherwise he would not have relied on the generality of the hadith in its presence.
It is quite possible that Abdullah ibn Umar radi Allahu anhu, from whom this decisive hadith is narrated, was not present at the time of the discussion and debate, because if he had been present, he could have presented it and immediately ended the disagreement.

➌
Imam al-Bukhari rahimahullah has, at the end of the hadith, considered the word (عقلاً) instead of (عناقا) to be correct, because a kid goat (anaq) is included in zakah, but a rope (iqal) is not given in zakah.
And Allah knows best.

Hadith Commentary:
Vocabulary of the Hadith:
‘Iqāl:
The rope used to tie the knee of a camel,
Knee-band.

Benefits and Issues:
(1)
After the passing of the Messenger of Allah (sallallahu alayhi wa sallam), those tribes living far from Madinah Munawwarah, who did not have much opportunity for companionship with the Prophet (sallallahu alayhi wa sallam) and the noble Companions (radi Allahu anhum), and who could not fully understand Islam, or who had accepted Islam merely out of fear of the strength and power of the Muslims, turned away from Islam. However, those people who had the opportunity to receive education and training from the Prophet (sallallahu alayhi wa sallam) and who had moments of sitting and rising with the Companions (radi Allahu anhum), and who understood Islam from the depths of their hearts, no doubt or suspicion arose in their hearts regarding Islam; they remained steadfast upon Islam. These people were in the majority and were present, more or less, in almost every tribe.

There were various groups among those who turned away from Islam:
(a)
Those who became completely apostate from Islam and returned to their former disbelief, abandoning the religious rites, prayer, zakah, and other legal rulings, and adopting the ways of the pre-Islamic era of ignorance.
(b)
Those who, having been deceived by claimants of prophethood, accepted their false prophethood.
(c)
Those who withdrew and began to wait for the circumstances to unfold.
(d)
Those who did not deny Islam, but only denied zakah, claiming that only the Messenger of Allah (sallallahu alayhi wa sallam) could collect it. Among them, some people denied giving zakah to the Caliph, saying, “We will distribute it ourselves among our needy.” In fact, the people of Banu Yarbu‘ even gathered the charity and wanted to give it to the Caliph, but their chief, Malik ibn Nuwayrah, stopped them.

The difference of opinion between Abu Bakr and Umar (radi Allahu anhuma) was regarding this fourth group, and even this difference was eventually resolved.

(2)
Prayer and zakah are such two fundamental pillars of Islam that the establishment and survival of Islam depend on them. Therefore, whoever denies either of them is a disbeliever. In fact, the necessities of religion—those things whose religious status is known to every common and elite person—whoever denies them is a disbeliever.

(3)
Whoever affirms the testimony of faith (kalimah shahadah) or accepts the divinity of Allah Ta‘ala, it is as if he has accepted the entire religion. Therefore, his wealth and life will be protected, and he will be bound to act upon the rulings of the religion. Thus, if he commits something that would forfeit the protection of his wealth or life, he will be held accountable. If he does not pay zakah, it will be taken from him by force. If, being married, he commits adultery or unjustly kills someone, he will be executed.

(4)
Whoever recites the kalimah of Islam and expresses his faith before us, we will, in this worldly and legal sense, accept him as a Muslim, and he will receive the rights of Muslims and be bound by the obligations of Muslims. However, if he has done this merely out of fear of the Muslims or with ill intent, Allah will hold him accountable. We are bound by what is apparent; only the Knower of the unseen and the One fully aware of what is in the hearts knows the inner reality.

(5)
Abu Bakr (radi Allahu anhu), responding to the objection of Umar (radi Allahu anhu), said: (مَنْ فَرَّقَ بَيْنَ الصَّلَاةِ، وَالزَّكَاةِ) “Whoever differentiates between prayer and zakah,” meaning, whoever distinguishes and separates between prayer and zakah, performing one and denying the other. This indicates that before them was the narration of Abdullah (radi Allahu anhu), in which the protection of life and wealth is made conditional upon prayer and zakah. This narration is coming ahead and is agreed upon (muttafaqun ‘alayh). (Fath al-Bari: 1/103)

Therefore, Abu Bakr (radi Allahu anhu) said: When the Messenger of Allah (sallallahu alayhi wa sallam) gave both equal importance, then how can any distinction between them be tolerated? In some historical narrations, it is explicitly mentioned that this narration was presented. (al-Imarah wa al-Siyasah: 1/17)

Therefore, it is not correct to say that the narration of Abdullah ibn Umar (radi Allahu anhu) was not before the two Shaykhs, so Abu Bakr (radi Allahu anhu) had to resort to analogy and deduction, and Umar (radi Allahu anhu) became doubtful.

(6)
An-nas (“the people”): refers only to the men of Quraysh. Therefore, it is said (عامٌ أُريدَ به الخاصُ) “A general term by which a specific group is intended,” or (اختصَّ منه البعضُ) “General, but specified in light of evidence,” or the definite article al- is for a mental association, meaning specifically the Quraysh. Because if the People of the Book pay jizyah, then fighting them is not permitted: ﴿حَتَّىٰ يُعْطُوا الْجِزْيَةَ عَن يَدٍ وَهُمْ صَاغِرُونَ﴾ (Surah al-Tawbah: 29)

Explanation:
1:
Now neither his wealth can be taken nor can he be killed.

Explanation:
1:
That is, their life and their wealth will only be taken when, through their words and actions, they make themselves deserving and liable for it. For example, if someone kills another person, then in such a case, the heirs of the murdered person will either kill the murderer in retribution or take blood money (diyah) from him.

2:
From this hadith, it is understood that Islam is a universal and global religion. Its purpose is to eliminate darkness, misguidance, and oppression and barbarity from the world. Along with this, it aims to guide people to the worship of one Allah and to provide them with justice and fairness. Another point learned from this hadith is that whoever embraces Islam, his life and wealth are protected; however, if he commits crimes, Islamic rulings will be applied to him. He will pay zakat from his wealth. In the case of unlawfully killing a Muslim, if the heirs do not forgive him and are not willing to accept blood money (diyah), then he will be killed in retribution (qisas). It is also understood that Islamic rulings will be applied according to his outward condition; his inner matter is entrusted to Allah.

Benefits and Issues:
➊
Islam is a religion of peace and security for mankind.
Its call is nothing other than that in this world, no one should be worshipped except the Creator and Owner of the universe,
and no one should be allowed to do so (worship others).
On this very fundamental basis, there is the command for fighting (qital) against deniers, according to the situation and circumstances.
The well-known and established conditions and etiquettes of this are preserved in the Book of Jihad (Kitab al-Jihad) and the books of Islamic jurisprudence (fiqh).

➋
If any nation is not willing to accept Islam, then it must accept the authority of the Muslims,
and pay the jizyah (tax).

➌
In Islam, affirmation of tawhid (the oneness of Allah) and affirmation of the messengership of Muhammad, the Messenger of Allah (sallallahu alayhi wa sallam), are both required.
Without this, affirmation of tawhid is not acceptable, as is coming in the following hadith.

(1) The trial of apostasy arose at the very beginning of the caliphate of Abu Bakr radi Allahu anhu, which Abu Bakr radi Allahu anhu suppressed with full determination and wisdom. Radi Allahu anhu wa ardah.

(2) “Will make a distinction” means that he will consider prayer obligatory but will not consider zakat obligatory, or he will not pay zakat to the government, because this is tantamount to rebellion.

(3) If a person affirms the testimony of monotheism (kalimah al-tawhid), his life and property become protected, even if this affirmation is made out of fear of being killed.

(1) "Until"—that is, after someone has recited the kalimah tayyibah (the declaration of faith), it is not permissible to fight them. We will judge by what is apparent. As for the intention with which they recite the kalimah, that reckoning is with Allah. We do not need to delve into that. The matters belonging to Allah should be left to Him alone. Interference is not appropriate.

(2) "Anyone's right"—Islam does not abolish any previous right; rather, it further emphasizes it. By embracing Islam, previous rights owed to Allah are forgiven, but the fulfillment of the rights of people (huquq al-‘ibad) remains obligatory.

(3) This hadith does not mean that fighting should continue against a person until they become Muslim, or that they should be killed and their wealth seized, because this understanding is completely contrary to the twenty-three-year Prophetic practice of the Messenger of Allah (sallallahu alayhi wa sallam). The existence of dhimmis (non-Muslim citizens under Muslim rule) in the Islamic state is an agreed-upon matter—both during the time of the Messenger of Allah (sallallahu alayhi wa sallam) and in subsequent eras. Its denial is not possible. Therefore, the meaning of this hadith refers to those people who initiate fighting against the Muslims, and then Allah grants them guidance and they recite the kalimah of Islam.

(1) By "combining," what is meant is narrating both hadiths together. The intention is not that both hadiths have been mixed together with a single chain of narration.

(2) "Recited Lā ilāha illā Allāh" — this is a concise expression; otherwise, merely reciting this is not sufficient. Rather, along with affirming the Oneness of Allah (tawhid), it is also necessary to affirm the Messengership (risalah). Likewise, it is also necessary to establish the prayer (salah), to adopt the qiblah of the Muslims, to eat their slaughtered animals, to pay the obligatory charity (zakat), and to have faith in everything that the Messenger of Allah (sallallahu alayhi wa sallam) has brought, as is explicitly mentioned in other hadiths. Reciting Lā ilāha illā Allāh is a figurative expression for accepting Islam. (For further details, see Hadith: 3092)

(1) "A kid of a goat": A kid of a goat is not taken as zakat. The purpose here is to express reduction, just as in another narration this is expressed by the mention of a rope.

(2) "Its reckoning is upon Allah": That is, whether he has recited the kalimah (testimony of faith) with sincerity of heart or merely to save his life.

(3) If only the apparent meaning is taken, then even fighting against the People of the Book would not be permissible, because they too affirm "la ilaha illallah" (there is no deity but Allah). Therefore, further detail is necessary.

Walid bin Muslim has included it in the Musnad of Umar. Whereas Uthman bin Sa'id, when narrating it with the same chain, has included it in the Musnad of Abu Hurairah radi Allahu anhu.

(1) "The breast has been opened" means that they have reached this clear conclusion based on evidence, and they have no doubt or uncertainty.
(2) If they merely refrain from paying zakat, they will be counted among the rebels, and fighting against them becomes obligatory.

(1) This hadith and its details have already been mentioned previously. (See: Hadith 2445) However, in that hadith, the word ‘iqal’ (rope) was used, and here ‘anaaq’ (kid goat) has appeared. The intent is hyperbolic, not literal, because neither an iqal nor an anaaq is given in zakat; rather, it is obligatory to give a full-grown goat. The meaning intended was that I will not permit even the slightest deficiency, excess, or alteration in the matter of zakat. To convey this meaning, the two possible scenarios mentioned above were cited. In common usage, this style of speech is frequently employed.

(2) Abu al-Abbas Mubarrad [regarding “if they withhold from me even an iqal”] says: When the price is collected instead of the actual thing from which zakat is to be taken, this expression is used, meaning: if they withhold from me any kind of charity (al-Kamil by Mubarrad: 2/508).

(1) “Committed disbelief (kufr).” After the passing of the Messenger of Allah sallallahu alayhi wa sallam, various kinds of tribulations arose. Some people reverted to their ancestral religion, some followed false claimants to prophethood, some denied the obligation of zakat, and some refrained from giving zakat to the government. The first three groups were absolutely disbelievers; there was no disagreement regarding fighting them. Umar radi Allahu anhu had a difference of opinion concerning this last group because they were not disbelievers; they were rebels against the government. Abu Bakr radi Allahu anhu was in favor of fighting them, whereas Umar radi Allahu anhu was hesitant.

(2) “Recite la ilaha illallah.” What is meant is the complete testimony of faith (kalimah shahadah), and this is a matter of consensus; otherwise, one would have to consider Jews and Christians as Muslims as well.

(3) “Unless there is a right due upon him.” That is, if he has caused harm to someone’s life or property, then he will have to bear its punishment.

(4) “Inner reckoning.” Whether he recited the testimony with sincerity of heart or merely to save his life and property.

(5) “Zakat is a right upon wealth.” If they do not give it, it will be forcibly collected from them; otherwise, the system of government will be overturned and rebellion will take root.

(6) “Even if they do not give a rope.” This is an example of hyperbole for emphasis, and such is common in speech. Otherwise, giving a rope is not obligatory in zakat; only the animals themselves are obligatory to give.

(7) There is consensus (ijma‘) among the Companions regarding fighting the deniers of zakat just as with disbelievers.

(8) This is a great proof of the knowledge, virtue, and courage of Abu Bakr radi Allahu anhu. At this most delicate moment, he demonstrated perfect steadfastness and brought a great tribulation to its exemplary end right at its inception. At that time, even Umar radi Allahu anhu did not initially agree with him, because, due to his scholarly depth, Abu Bakr radi Allahu anhu had reached a level where Umar radi Allahu anhu had not yet arrived. This is evidence of Abu Bakr radi Allahu anhu’s scholarly superiority. On account of this and similar incidents, there is consensus among the people of truth that, after the Messenger of Allah sallallahu alayhi wa sallam, the most virtuous person of the ummah is Abu Bakr radi Allahu anhu.

(9) The noble Companions radi Allahu anhum affirmed the principle of clear analogy (qiyas jali).

(10) It is permissible to take an oath to emphasize a statement, even if it has not been requested.

If any incident occurs, the imams and scholars should refer to ijtihad and the principles of religion, and after debate and discussion, the statement that is true should be accepted without any malice or enmity.

Benefits and Issues:

➊ The rulings of Muslims are applied in this world to the one who professes the kalimah of tawhid (declaration of the oneness of Allah). If there is no faith in the heart, then its punishment will be given in the Hereafter.

➋ The meaning of the protection of blood and wealth is that they will not be fought against and killed, nor will their wealth be seized as spoils of war (ghanimah) or fay’.

➌ The meaning of rightful disposal over life is to administer the punishment for a crime committed by the person, such as cutting off the hand in the case of theft, flogging in the case of falsely accusing a chaste person of adultery, or killing as retribution (qisas) in the case of murder, etc. And rightful disposal over wealth includes collecting zakah (obligatory charity) and mandatory expenditures, or in the case of intentional murder, collecting blood money (diyah) from the killer or his tribe at the demand of the heirs of the murdered person, etc.

➍ If, for any reason, the punishment for a sin is not given in this world, then it will be given in the Hereafter; however, forgiveness may also be granted due to some major righteous deed.

Commentary:
(1)
Fighting in the path of Allah is a collective obligation (fard kifayah) upon the Muslims, the purpose of which is to turn people away from the worship of other than Allah and establish them upon the worship of Allah alone.

(2)
There are three things that prove a person’s true entry into Islam:

Affirmation of the Oneness of Allah (tawhid) and the Messengership (risalah),
Performing the prayer (salah) regularly,
And fulfilling Islam’s financial right, that is, the payment of zakat (obligatory charity).

(3)
In the aforementioned verses and hadith, only three pillars of Islam are mentioned (affirmation of the two testimonies, prayer, and zakat).
The reason for this is that without the two testimonies (shahadatayn), entry into Islam cannot even be conceived.
Prayer (salah) is such a communal act of worship that it is obligatory upon every Muslim in all circumstances; therefore, it has been declared the distinguishing sign between Islam and disbelief. And although zakat is only obligatory upon the wealthy, the way the Islamic government arranges for its collection from the affluent and its distribution among the needy, on this basis, it too becomes a clear distinguishing factor between Muslims and non-Muslims, because zakat is taken only from Muslims and distributed only among Muslims.

(4)
In this hadith, two pillars (fasting and pilgrimage) are not mentioned because fasting (sawm) is a hidden act of worship; if a person wishes to present himself as fasting without actually fasting, it is possible for him to do so.
And pilgrimage (hajj), firstly, is not obligatory upon all Muslims, and secondly, even for those who are able, it is only obligatory once in a lifetime.
Furthermore, if the people against whom war is being waged were to affirm fasting and pilgrimage, they would still have to wait for specific months to demonstrate these acts practically; therefore, linking the decision to wage war or not to such acts is contrary to wisdom.
And Allah knows best.

Hadith Commentary:

Based on the noble verse: "Indeed, the polytheists are impure" (: al-Tawbah: 28), they have been called impure; shirk (polytheism) is indeed such an impurity. But alas, how many so-called Muslims today are also becoming tainted with this impurity.

Hadith Commentary:
➊
Mut‘im bin ‘Adi is the person who played a significant role in ending the pact of the Quraysh regarding the boycott of Banu Hashim and Banu Muttalib. He also gave refuge to the Messenger of Allah (sallallahu alayhi wa sallam) at his home when he returned from Ta’if. The Messenger of Allah (sallallahu alayhi wa sallam) wished to repay him for this favor.

➋
From this hadith, it is understood that the Imam has complete authority regarding war booty (ghanimah) and the fifth (khums). He can release prisoners without any compensation. Showing such favor to them is at the discretion of the Imam.

➌
It is also understood from this that ownership by the warriors (mujahideen) is not established before the distribution of the booty (ghanimah). However, after its distribution, their ownership is considered valid. If the mujahideen were to become owners before distribution, then those among the prisoners who are the fathers or brothers of any of the mujahideen would necessarily be freed. However, this does not happen. It is thus clear that the mujahideen do not own the war booty before its distribution. In any case, the Imam has full authority over the war booty (ghanimah) and the fifth (khums); he can spend it at his discretion before distribution.

And Allah knows best.

Benefits and Issues:
➊
It is established from the mentioned Qur’anic verse and hadiths that, according to what is beneficial, it is permissible to release a prisoner as an act of kindness without taking ransom.

➋
The favor of Mut’im bin ‘Adi to the Messenger of Allah (sallallahu alayhi wa sallam) was that, upon returning from Ta’if, the Prophet (sallallahu alayhi wa sallam) entered Makkah under his protection and support.
And he also defended the Prophet (sallallahu alayhi wa sallam).

“I do not know” whether he was free or a slave—the narrator of the hadith, Abdur Rahman bin Qasim, was uncertain about this. Sometimes he said he was free, sometimes a slave, and sometimes he said he did not know whether he was free or a slave. The sound position is that he was a slave. ‘Urwah has agreed with this statement of his. Any doubt that arises later does not affect the matter when the initial statement was made with certainty and is also supported by the most reliable narrators. The remaining details have already been mentioned in the previous two or three chapters.

(1) "She was given the choice" because her husband, Mughith, was still a slave. Hazrat Barirah radi Allahu anha annulled the marriage. It is understood from this that when a woman is freed, divorce does not automatically occur, nor is the marriage contract annulled; rather, she is given the choice.

(2) "Right of wala" refers to the right that the emancipator has over the freed slave, in that the freed person is called his mawla. If the freed slave dies and has no blood relatives as heirs, then the emancipator becomes his heir. When Hazrat Barirah radi Allahu anha approached Hazrat Aisha radi Allahu anha for her freedom, she (Aisha) said: I will buy you outright and set you free. The owner agreed to sell but demanded the "right of wala" for himself, even though this right belongs only to the one who frees the slave for the sake of Allah.

(3) "It is a gift"—from this, the principle is understood that anything which is not inherently impure or forbidden, its status can change. For example: bribery or usury (riba) money is forbidden for the one who receives the bribe or usury, but if the one who received it then gives that money to someone else as wages or a price, it becomes permissible for the recipient; it is not forbidden, because the money itself is not inherently impure or forbidden, rather its status makes it lawful or unlawful. Zakat money is forbidden for the wealthy but lawful for the poor. This principle is very important.

(4) If both husband and wife are slaves, one of them can be emancipated through a contract of manumission (mukatabah). Incidentally, it is also understood that one of them can be sold separately.

(5) If people are committing some wrong or un-Islamic act, scholars should clarify the issue and highlight the relevant Islamic rulings. Furthermore, if there is a religious act or custom that people are likely to engage in in the future, it should be explained in advance in their sermons.

(6) A righteous wife is well-wishing for her husband in every matter. Hazrat Aisha radi Allahu anha did not give him the meat stew because she knew that he (the Prophet sallallahu alayhi wa sallam) did not eat from charity, otherwise he himself did not know, for he was not the knower of the unseen.

(7) There is a difference between charity (sadaqah) and gift (hadiyyah).

(8) The emancipator can accept a gift from the freed person. This does not diminish the reward of emancipating.

For details, see Hadith: 3476, 3477, 3479.

(1) "Whoever purchases"—that is, after purchasing, he also sets her free; otherwise, merely purchasing does not establish the right of wala (the right of inheritance from a freed slave).

(2) "Her husband was free"—these are not the words of Aisha (radi Allahu anha), but rather of Aswad, who was a Tabi‘i (successor), and he was not present at the event. Whereas from Aisha and Ibn Abbas (radi Allahu anhum) there is explicit clarification that he was a slave. Both of them were witnesses to the event, so evidently, their testimony is reliable. Aswad made a mistake. The Hanafis say that he was initially a slave, then before Barirah’s emancipation, he became free, but this interpretation is not correct because Aisha and Ibn Abbas (radi Allahu anhum) are speaking about the time of Barirah and her emancipation. However, it can be said that after this incident, he too became free. There is no problem in this. And Allah knows best.

For further details, see Fawaid wa Masail, Hadith: 4646.

(1) This narration and its detailed discussion have already passed. (See Hadith: 3481) The issue under discussion here is whether a *mukatab* slave can be sold. A *mukatab* is that slave with whom his owner has agreed that if he pays a certain amount in specified installments (or in a lump sum) within a certain period, he will be granted freedom. Clearly, this is a contract that cannot be broken except if the slave, who is the beneficiary of this contract, consents. And it is evident that he will only consent if he is assured of immediate freedom. In such a case, when the slave is gaining more benefit than the contract and both parties are agreeable, then there is no harm in selling him for immediate freedom, as mentioned in the above narrations. However, owners cannot sell him to someone else without his consent for their own benefit, because this is betrayal and breach of promise, in which the government can intervene.

(2) For the detailed benefits and rulings of this narration, please see Fawa’id wa Masail, Hadith: 4646.

(1) If a person stipulates a condition at the time of sale that is not valid according to the Shariah, then the sale itself will be valid, but the condition that is contrary to the Shariah will be void. Therefore, such a condition will be considered null and void and will not be taken into account, as the Messenger of Allah (sallallahu alayhi wa sallam) explained this issue in full clarity in the case of Sayyidah Barirah (radi Allahu anha).

(2) This hadith has many chains of transmission, and different narrations mention different wordings. The reason for this is that the narrators of the hadith sometimes narrated it in detail and sometimes concisely, and all of this was done according to necessity. All the great hadith scholars have accepted this type of variation in narration as it is, and this is the correct approach. The benefit of this is that it makes it easier to derive various rulings and issues from the ahadith. (Therefore, from the mentioned hadith, the scholars have derived numerous issues, which are as follows.)

(3) Mukatabah is permissible. Mukatabah refers to the contract or agreement between a master and his slave or slave-girl, in which a fixed amount is to be paid either in a lump sum or in installments; both forms are permissible. The amount for the mukatabah of a slave or slave-girl can be paid by another person. If someone else pays the agreed amount of the mukatabah and frees the slave or slave-girl, then they will become free, but in this case, the right of wala’ (allegiance) will belong to the one who freed them, not the first owner.

(4) Wala’ refers to the bond or relationship that is established between the emancipator and the emancipated due to the act of freeing. This relationship can neither be sold nor gifted to anyone. It is just like the relationship between a father and son, which can neither be sold nor gifted. The benefit of this relationship is that if the freed person has no agnatic heirs (asaba) or those entitled to fixed shares (dhawu al-furud), then the emancipator becomes the owner of all his property.

(5) If a slave or slave-girl extends their hand to ask for help in paying the amount of their mukatabah, then such asking is permissible, and one should assist them in this matter. Also, from this blessed hadith, it is established that it is permissible for a deserving person to ask for help to fulfill a legitimate need or necessity.

(6) This blessed hadith establishes the legitimacy of mutual consultation, especially the affirmation of mutual consultation between husband and wife. Furthermore, if a wife seeks advice from her husband on an issue, it is necessary for the husband to give her correct advice.

(7) If a slave or slave-girl is unable to pay the agreed amount of the mukatabah, they can be sold. The evidence for this is the words of the Messenger of Allah (sallallahu alayhi wa sallam): "Buy her and free her," i.e., buy her and set her free. See: (Sahih al-Bukhari, al-Mukatab, Chapter: The Mukatab and the like...etc., Hadith: 2560, and Sahih Muslim, al-'Itq, Chapter: Mention of the Effort of the Slave, Hadith: 1504)

(8) If both husband and wife are slaves, then either one of them can be sold. It is not necessary that both be sold together.

(9) From this hadith of Barirah, it is also known that it is permissible to make a contract of mukatabah with a slave or slave-girl who does not possess wealth or property, whether or not they have the means to earn wealth.

(10) A mukatab slave or slave-girl will not be free until the entire agreed amount of the mukatabah is paid. As long as even one dirham remains due, they will remain slaves, and all other rulings will apply to them accordingly, i.e., the rulings of marriage, divorce, and hudud (prescribed punishments) will be those applicable to slaves.

(11) This blessed hadith also establishes that the sale and emancipation of a married slave-girl does not constitute divorce or annulment of marriage, because Sayyidah Barirah (radi Allahu anha) was later given the choice to remain in the marriage with her husband Mughith or to separate from him. After being given this choice, she chose to separate from her husband.

(12) The owner may have intercourse (jima‘) with his slave-girl; however, if she is someone’s wife, then it is not permissible. Also, merely selling the slave-girl does not make intercourse with her lawful. The fact that Sayyidah Barirah was given the choice to remain with her husband or not is clear evidence that her relationship with her husband still existed. If no relationship remained, then what would the choice have been about?

(13) If, at the time of asking, the questioner is not compelled, he may still ask, i.e., while planning for the future, one may ask about a need before the time of necessity actually arrives.

(14) It is permissible to seek help and financial assistance from a married woman, as Sayyidah Barirah (radi Allahu anha) sought financial assistance from Sayyidah Aishah (radi Allahu anha) regarding her mukatabah, and she accepted her request, bought Barirah, and set her free.

(15) A married woman may dispose of her wealth without her husband's permission, provided that the disposal is for a legitimate need.

(16) Spending wealth for the sake of reward, and even spending more than what is necessary, is permissible, as Sayyidah Aishah (radi Allahu anha) paid the entire amount of Barirah’s (radi Allahu anha) mukatabah, which was agreed to be paid in nine installments over nine years, in a lump sum and freed her immediately.

(17) It is permissible for a slave or slave-girl to strive and make efforts for their freedom, even if, for this purpose, they have to ask someone who will buy and free them. Even if this causes a loss to the owner, there is no harm in it. This is because the Lawgiver (sallallahu alayhi wa sallam) praised the emancipation of slaves and encouraged this great virtue, so every possible effort should be made for it.

(18) If a person sells a slave or slave-girl but stipulates the condition that they will continue to serve him, this condition will be void.

(19) If a mukatab pays his installment from wealth that was given to him as charity (sadaqah), there is no harm in it, and the owner should not hesitate to accept such payment, even if it is made before the due time. The mukatab is, in fact, still a slave until he pays the entire amount, and it is permissible to give charity to a slave. When charity reaches its proper recipient, it becomes permissible for a wealthy person to use it.

(20) When the Messenger of Allah (sallallahu alayhi wa sallam) learned that the owners of Sayyidah Barirah (radi Allahu anha) were stipulating a condition that was not valid according to the Shariah, he delivered a sermon and clarified the issue without naming anyone, and declared every such condition that contradicts the Qur’an and Sunnah to be void. From this, it is known that when an important Shariah matter arises, it is prescribed to deliver a sermon while standing.

(21) If someone commits an un-Islamic or objectionable act, then in such a case, the correction should be made without naming the wrongdoer. Doing so is recommended and preferred, rather than shaming or disgracing anyone.

(22) This hadith also shows that non-mahram women may enter a person’s house, whether the male owner of the house is present or not.

(23) Charity (sadaqah) is absolutely forbidden for the Messenger of Allah (sallallahu alayhi wa sallam). Charity cannot be given to him, nor can he consume charity. However, if charity is given to a deserving person and that person then presents it to the Prophet (sallallahu alayhi wa sallam) as a gift, then this is permissible.

(24) It is permissible for a wealthy and affluent person to accept a gift from a needy and poor person. It is also understood that the rulings of charity and gift are distinct.

(25) If a person is pleased for someone to eat at his place, then that person may eat and drink from his house even without explicit permission.

(26) It is recommended to ask such questions from which knowledge is gained, or from which manners are learned, or a ruling is clarified, or a doubt is removed.

(27) This blessed hadith also shows that if a small thing is given in charity to someone, it should be accepted, and one should not express displeasure over it.

(28) This blessed hadith also shows that making a believer happy is a recommended and preferred act. In the light of authentic ahadith, such an act is beloved to Allah, the Exalted.

(29) This blessed hadith also indicates the excellent manners of Sayyidah Barirah (radi Allahu anha), as she did not reject the intercession of the Messenger of Allah (sallallahu alayhi wa sallam) in a blunt manner, but rather said, "I have no need for my husband Mughith."

(30) The intercessor certainly receives reward for his legitimate intercession, whether his intercession is accepted or rejected.

(31) This hadith also shows that excessive love can be a great trial for a person. Sometimes, it leads to great difficulties, as can be seen from the state of Sayyidah Barirah’s (radi Allahu anha) husband, Sayyiduna Mughith (radi Allahu anhu), who used to follow her in the streets of Madinah. May Allah protect us from this.

(32) Reconciling between two people who harbor enmity towards each other is recommended, even if they are husband and wife. In the case of husband and wife, this responsibility increases so that the children are protected from the effects of mutual hatred and discord between the parents. The Messenger of Allah (sallallahu alayhi wa sallam), while interceding for Sayyidah Barirah regarding Sayyiduna Mughith (radi Allahu anhu), also said: "He is the father of your child."

(33) It is also permissible to attribute a child to his mother.

(34) A woman who has previously been married should not be forced, even if she is a freed slave.

(35) In the case of annulment (faskh) of marriage, there is no return (ruju‘), but a new marriage (nikah) can take place.

(36) If a woman dislikes her husband, her guardian should not force her to remain with him; and if the situation is the opposite, that the woman loves her husband, then the guardian should not cause separation or division between her and her husband.

(37) The commentators of hadith have derived approximately one hundred and fifty (150) benefits and rulings from this blessed hadith, but for the sake of brevity, we have sufficed with the aforementioned benefits and rulings. For further details, see: (Dhakheerat al-‘Uqba, Sharh Sunan al-Nasa’i by al-‘Atyubi: 9/29-19). For further discussion on this narration, see ahadith 3477 to 3484.

(1) Hazrat Barirah radi Allahu anha was a slave woman belonging to another family. She used to come and go to Hazrat Aishah radi Allahu anha for service. She made an agreement with her owners for her freedom that she would pay her price in installments herself and be set free. They agreed. When Hazrat Aishah radi Allahu anha found out, she offered to buy her outright by paying the full price and then set her free. The owners agreed but said: the right of wala will remain ours, whereas the mawla is the one who sets free. Hazrat Aishah radi Allahu anha presented this issue before the Messenger of Allah sallallahu alayhi wa sallam, and he gave the aforementioned answer.

(2) By "wala" is meant the right that the emancipator has over the freed slave, for example: he is called the mawla. If the slave dies and has no blood relatives as heirs, the inheritance goes to the emancipator, etc.

(3) If a married slave woman is freed, after her emancipation she has the choice either to maintain her marriage with her previous husband or to annul it. However, according to the majority of scholars, this choice is only if her husband is a slave. If he is free, then even after her emancipation, the woman does not have the right to end the marriage. Hazrat Barirah radi Allahu anha's husband was a slave, his name was Mughith. However, according to the Hanafi scholars, whether the husband is free or a slave, the emancipated woman has the right to annul the marriage.

(4) "Meat was brought." This meat was from charity (sadaqah). Someone had sent it to Hazrat Barirah radi Allahu anha. She sent some of the meat as a gift to Hazrat Aishah radi Allahu anha. Obviously, the meat given as charity becomes the property of the recipient; now, if she gives it to someone else as charity, for that person it is charity, and if she gives it as a gift, for that person it is a gift. That is why the Prophet sallallahu alayhi wa sallam ate that meat.

(5) "He was free." In other narrations, it is explicitly stated that this is the statement of Hazrat Aswad, not Hazrat Aishah radi Allahu anha. And Aswad is a Tabi'i. In other narrations, there is the explicit statement of Hazrat Aishah and Hazrat Ibn Abbas radi Allahu anhum that Barirah's husband was a slave. (Sahih al-Bukhari, al-Talaq, Hadith: 5282, and Sahih Muslim, al-'Itq, Hadith: 1504) If he had not been a slave, she would not have been given the choice, because even after emancipation, a woman does not become of higher status than her husband.

(6) In detailed narrations, it is explicitly stated that Hazrat Barirah radi Allahu anha annulled the marriage despite Hazrat Mughith's pleading. See: (Sahih al-Bukhari, al-Talaq, Hadith: 2583)

Explanation:
1:
Wala’ is the inheritance left by a freed slave who dies.
From this hadith, it is understood that it is not valid for the seller to stipulate the condition of wala’.
Wala’ will belong only to the one who purchases and then frees (the slave).

Hadith Commentary:

After a slave is set free, the bond of brotherhood between the master and the freed slave is called "wala’" (ولاء).
Even after being freed, the slave would still remain in some way connected to the original master.
Upon this, the Messenger of Allah (sallallahu alayhi wa sallam) said that this right belongs to the one who purchases and then frees the slave.
Now, the bond of brotherhood will be with the one who bought and freed him, instead of the original master.
The correspondence between the chapter and the hadith is evident.

Hadith Commentary:
(1)
The relationship that is established between the emancipator and the emancipated slave after the slave is set free is called "wala’" (ولاء). This relationship is established with the emancipator instead of the original owner. Its benefit is that if the emancipated slave dies and has no blood relative as an heir, then his inheritance goes to the emancipator.

(2)
Since Barirah (radi Allahu anha) was a freed slave woman of Aisha (radi Allahu anha), charity (sadaqah) was permissible for her. And when charity reaches its rightful recipient, its specific status ceases. Now, it becomes permissible for others to use it, even those who were not previously allowed to use it, because when something is prohibited due to a particular reason, it becomes permissible once that reason is no longer present. Therefore, the Prophet (sallallahu alayhi wa sallam) would consume meat that had been given as charity.

(3)
In charity (sadaqah), the aspect of worship along with reward is predominant, whereas in a gift (hadiyyah), the aspect of mutual love along with reward is prominent.
And Allah knows best.

Hadith Commentary:
Vocabulary of the Hadith:
Katibuni:
Kitabah means that a slave says to his master,
“I will pay you such-and-such an amount,
in such-and-such installments,
over such-and-such a period, and you will set me free.”
After the complete payment of the installments, the slave will become free.
If the master accepts his proposal,
the master himself can also make this offer.

Benefits and Issues:
The Prophet (sallallahu alayhi wa sallam) would not confront someone by mentioning their name in front of everyone regarding their mistake or sin.
Rather, without naming anyone, he would prohibit that action, and the Prophet (sallallahu alayhi wa sallam) instructed Aisha (radi Allahu anha) to accept the condition for this reason:
so that, in this way, a means of preventing it and informing everyone would be established, and then, on their own, they would withdraw from that condition,
they would abandon their demand, and people would come to know that conditions contrary to Allah’s command are null and void, and there is no benefit in stipulating them.

Hadith Commentary: Benefits and Issues: 1.
A condition that is contrary to the Shari'ah ruling, and that Shari'ah ruling is clear, then such a condition is void. Whether it is stipulated or not, it is the same, and it will be considered null and void, because fulfilling such a condition is not within their capacity according to the Shari'ah.

2.
The statement of Hazrat Aisha radi Allahu anha that "I will pay your compensation for the contract of manumission (kitabah)," her real intention by this was to purchase and free Barirah. As mentioned in the previous narration: (aradat an tashtari jariyah) — that she wanted to buy the slave-girl with the intention of freeing her, because if the sole purpose was merely to pay the compensation for the contract of manumission, then this would have been simply an act of kindness and charity, and in that case, the attribution of emancipation would have been to the owner who made the contract of manumission. Therefore, the Prophet sallallahu alayhi wa sallam said: (ibta'i fa a'tiqi) — "Buy and free her."

3.
It is understood from this hadith that if a slave (mukatab) or slave-girl (mukatabah) is willing for another person to purchase and free them, then it is permissible to buy them. This is the position of Imam Ahmad rahimahullah, Imam Malik rahimahullah, and Imam Abu Nakhai rahimahullah. According to Imam Shafi'i rahimahullah and Imam Abu Hanifah rahimahullah, it is not permissible to purchase a slave (mukatab) or slave-girl (mukatabah) unless they become incapable of paying the compensation for the contract of manumission and revert to being a slave again. However, according to Imam Abu Hanifah rahimahullah, if the slave consents to the sale, then it is permissible; otherwise, it is not.

4.
The meaning of (laysa fi Kitabillah) is: a condition that is contrary to the law and command of Allah, whether that ruling is established by the Qur'an, or by the Sunnah, or whose permissibility is not established by the command of Allah.

Hadith Commentary: Benefits and Issues: In Sahih Bukhari, there is a narration from Ibn Abbas radi Allahu anhuma that the husband of Barirah, whose name was Mughith, was circling around her weeping, and his tears were flowing down his beard. I still remember this scene. Then the Prophet sallallahu alayhi wa sallam said, "O Abbas radi Allahu anhuma! Are you not amazed at how much Mughith loves Barirah and how much Barirah dislikes Mughith?" From this, it is established that the reason for giving Barirah the choice (of separation) was her being a slave. If she had been free, the wife would not have been given the option. This is the position of the three Imams: Imam Malik rahimahullah, Imam Shafi'i rahimahullah, Imam Ahmad rahimahullah, and the majority of scholars. However, according to Imam Abu Hanifah rahimahullah, Nakha'i, and Shu'bi rahimahullah and others, a slave woman, upon being freed, will be given the option in every case, whether the husband is free or a slave, and this is also the position of the Ahl al-Zahir. The real cause of this difference is whether Mughith was free or a slave. The three Imams give preference to the view that he was a slave at the time of Barirah's emancipation, even though later he too became free.

And from this hadith, it is also established that when something is given in charity to a needy or poor person, he becomes its owner and can dispose of it as he wishes. Now, if he gives it as a gift to someone else or sells it, it will no longer be considered charity. In this case, even a Hashimi or a wealthy person, if it is food, may eat it.

From these three incidents related to Barirah radi Allahu anha, the scholars have derived four hundred legal rulings, and some Imams have written independent books on this hadith. In Sunan al-Daraqutni, there is mention of a fourth ruling: that the Prophet sallallahu alayhi wa sallam ordered the completion of the waiting period ('iddah) as is required for a free woman.

Benefits and Issues:

➊
The ruling regarding an item changes when its ownership changes.
If a poor person receives something as charity and then presents it as a gift to a wealthy person, or if the wealthy person purchases that item from him, then for the wealthy person, that item will not be considered as charity.

➋
“Wala’” refers to the relationship that is established between the emancipator and the emancipated person due to the act of emancipation.
Because of this relationship, the emancipated person is considered a member of the same family to which the emancipator belongs.
If the emancipated person has no other heirs, then the emancipator becomes his heir.
This is called the right of wala’ (haqq al-wala’).

Explanation:
1:
By "wala" is meant those rights which the emancipator obtains in relation to the one whom he has set free.

Appropriateness Between the Chapter and the Hadith:

Imam Bukhari rahimahullah established a chapter regarding buying and selling with women, and as evidence, he mentioned the incident of Sayyidah Barirah radi Allahu anha. The relevance between the chapter heading and the hadith is as follows: The Prophet sallallahu alayhi wa sallam said to Umm al-Mu’minin Aisha radi Allahu anha: «اشتری و اعتقی» meaning, “You buy and free her.” Necessarily, whoever buys from Umm Aisha radi Allahu anha, it becomes permissible for him to buy from a woman. Thus, this is where the appropriateness between the chapter heading and the hadith lies.

Allamah ‘Ayni rahimahullah says:

«ومطابقۃ حدیث ابن عمر للترجمۃ فى قولہ : ”سَاوَمَت“ فأمنا ساومت أہل بریرۃ، وہو البیع والشراء بین الرجال و النساء» [عمدۃ القاری، ج 8، ص : 258]

That is, “The correspondence between the chapter heading and the hadith is in the statement, ‘She was bargaining over the price’ (i.e., Umm Aisha radi Allahu anha was bargaining over the price so that she could buy and free her). Thus, Umm Aisha radi Allahu anha bargained with the owners of Sayyidah Barirah radi Allahu anha, and this is «البیع و الشراء بین الرجال و النساء» that buying and selling occurs between men and women.”

Imam Qastallani rahimahullah says:

The appropriateness with the chapter heading is that the Prophet sallallahu alayhi wa sallam said, “You buy Barirah,” and this address was to Umm Aisha radi Allahu anha. The act of buying in the hadith of Sayyidah Barirah radi Allahu anha is that Umm Aisha radi Allahu anha bought her from her owners. [ارشاد الساری، ج 4، ص : 250]

Hafiz Ibn Hajar rahimahullah says:

«اور د فیہ حدیث عائشۃ و ابن عمر فى قصۃ شراء بریرۃ، وشاہد الترجمۃ قولہ : مابال رجال یشترطون لیست فى کتاب اللہ، لاشعارہ بأن قصۃ المبایعۃ کانت مع رجال۔۔۔۔۔» [فتح الباری، ج 3، ص : 370]

That is, from this hadith it is known that buying and selling with women is permissible, as Umm Aisha radi Allahu anha bought the slave woman Sayyidah Barirah radi Allahu anha (from a man), and the Prophet sallallahu alayhi wa sallam approved it. Thus, he said, “Buy her,” and the evidence for this is the statement of the Prophet sallallahu alayhi wa sallam, “What is the matter with people who stipulate conditions not found in the Book of Allah?” Therefore, this indicates that the transaction was with Sayyidah Aisha radi Allahu anha. Hence, this is where the appropriateness between the chapter heading and the hadith lies.

Benefit Number 1:

From the above hadith, Imam al-Fuqaha’ wal-Muhaddithin Imam Bukhari rahimahullah has established several important rulings, which he has mentioned in various chapters. Imam Shawkani rahimahullah writes: The Prophet sallallahu alayhi wa sallam knew well that the condition of wala’ (allegiance) was invalid, and this principle was well-known and not hidden from the people of Barirah. Yet, when they insisted on this condition despite knowing its invalidity, the Prophet sallallahu alayhi wa sallam, as a warning, gave a general command: “Buy Barirah.” Just as Allah Ta’ala says: «﴿اعْمَلُوا مَا شِئْتُمْ﴾» “Do whatever you wish.” [فصلت : 40] This was said as a warning, as if the Prophet sallallahu alayhi wa sallam said, “Let them stipulate the condition of wala’, they will soon know that they will gain no benefit from it.” This issue is further supported by the Prophet sallallahu alayhi wa sallam’s indication: “What is the matter with people who stipulate conditions not found in the Book of Allah?” Thus, all such conditions are invalid, even if they are enforced, but according to Islamic law, they have no standing. [نیل الأوطار شرح منتقی الاخیار، ج 5، ص : 236، 237]

Benefit Number 2:

In the aforementioned hadith, the Messenger of Allah sallallahu alayhi wa sallam said, “What is the matter with people who stipulate conditions not found in the Book of Allah?” and the knowledge he gave that “Wala’ is only for the one who frees,” if we reflect, this condition set by the Prophet sallallahu alayhi wa sallam is not found in the Qur’an, but rather in the hadith of the Messenger of Allah sallallahu alayhi wa sallam. Therefore, from his words, it is established that in the Shari’ah, the term “Book of Allah” does not apply only to the Qur’an, nor only to that book which is between two covers «بین الدفتین», but rather, the term “Book of Allah” applies to all laws of the Shari’ah, whether they are included in the Qur’anic text or in the statements of hadith. There is an extreme lack of knowledge in the Muslim Ummah and a severe deficiency in the recognition of authentic hadith; in these circumstances, the general and the specific, except whom Allah wills, hold the belief and view that the term “Book of Allah” applies only to the Qur’an. But if, on the contrary, one reflects deeply and insightfully, it becomes clear that the ruling of “Book of Allah” applies to the entire Shari’ah. And the above hadith also supports this. Another hadith, which Imam Bukhari rahimahullah also mentions in Sahih Bukhari, is as follows:

Sayyiduna Abu Hurairah radi Allahu anhu and Sayyiduna Zayd bin Khalid al-Juhani radi Allahu anhu report that a Bedouin came and said: “O Messenger of Allah sallallahu alayhi wa sallam! Judge between us according to the Book of Allah.” The other also said: “He has spoken the truth; judge between us according to the Book of Allah.” The Bedouin said: “My son was a laborer for this man, then he committed adultery with his wife. The people said: ‘Your son should be stoned,’ but I gave a hundred sheep and a slave girl as compensation for my son’s crime. Then I asked the knowledgeable, and they told me that there is no solution except that your son should be given a hundred lashes and exiled for a year.” The Prophet sallallahu alayhi wa sallam said: “I will judge between you according to the Book of Allah. The slave girl and the sheep are to be returned to you, but your son will be given a hundred lashes and exiled for a year. And O Anis, go to this woman’s house and stone her (if she confesses to adultery).” So Anis went and stoned her because she confessed to adultery. [صحیح البخاری، کتاب الصلح، رقم 2695]

Looking at the above incident, it becomes clear that the ruling the Messenger of Allah sallallahu alayhi wa sallam gave, “Return the sheep and the slave girl,” is not found anywhere in the entire Qur’an, and the Prophet sallallahu alayhi wa sallam swore that “I will judge between you according to the Book of Allah.” Thus, it is known that the term “Book of Allah” applies not only to the Qur’an but also to the rulings of the Messenger of Allah sallallahu alayhi wa sallam.

Imam Tahawi rahimahullah says:

By “Book of Allah,” the Messenger of Allah sallallahu alayhi wa sallam (and Allah knows best) meant the command of Allah. Even if that command is not explicitly mentioned in the Book of Allah (the Qur’an), we have accepted the command of the Messenger of Allah sallallahu alayhi wa sallam along with the Book of Allah (the Qur’an), because Allah Ta’ala says in the Qur’an: “Whatever the Messenger gives you, take it, and whatever he forbids you, abstain from it.” Therefore, since following him (the Messenger of Allah sallallahu alayhi wa sallam) is due to the Book of Allah, accepting his command is also obligatory. Certainly, every ruling the Messenger of Allah sallallahu alayhi wa sallam issued is with the Book of Allah, even if that ruling is not explicitly mentioned in the Book of Allah (the Qur’an). [ذم الکلام وأہلہ للہروی، ج 2، ص : 91]

Allah Ta’ala said in Surah Tawbah regarding the number of months: «﴿فِی کِتَابِ اللّٰہِ﴾» [التوبۃ : 36] that the number of months with Allah is twelve in the Book of Allah from the day He created the heavens and the earth; of these, four are sacred. However, from a complete reading of the Qur’an, we do not find the enumeration of twelve months; rather, the count and order of the twelve months and the four sacred months are received from the hadiths of the Messenger sallallahu alayhi wa sallam. This verse also establishes that hadith is, in a clear sense, the Book of Allah, and in the presence of these evidences, to turn elsewhere is mere stubbornness.

Muhammad bin Abu Bakr al-Razi says in Masa’il Razi:

«وإنما ہو أمر أنزلہ اللہ فى کتبہ على ألسنۃ رسلہ۔» [مسائل الرازی، ص : 113]

“This is a command which Allah Ta’ala revealed in His Book through the tongue of His Messenger sallallahu alayhi wa sallam.”

That is, Allah Ta’ala clarified this ruling through hadith.

Ibn al-Mulaqqin rahimahullah says:

«و المراد بکتاب اللہ أى بحکمہ، إذ لیس فى الکتاب ذکر الرجم، وقد جاء الکتاب بمعنی الفرض۔» [التوضیح لشرح الجامع الصحیح، ج 17، ص : 29]

“Here, by ‘Book of Allah’ is meant (not the Qur’an, but) the command of Allah, while the ruling of stoning is not found in the Qur’an, and certainly, by ‘Book’ is meant obligation (i.e., the ruling of stoning is also Allah’s command, but it is not in the Qur’an, it is found in the Sunnah).”

Muhammad Isma’il Salafi rahimahullah says:

In some verses of the Noble Qur’an, it is mentioned in such a way that the meaning of the Qur’an is not complete without the hadith. This is the voice of the Qur’an itself, which proves the necessity of hadith. By way of textual indication, the Qur’an establishes the necessity of hadith. A respectful request to the deniers of hadith is that, as students, they should also consider the Qur’an from this perspective. Perhaps Allah Ta’ala will open their hearts and grant them the opportunity to benefit from understanding.

«﴿إِنَّ عِدَّۃَ الشُّہُورِ عِنْدَ اللّٰہِ اثْنَا عَشَرَ شَہْرًا فِی کِتَابِ اللّٰہِ۔۔۔۔۔ الآیۃ﴾» [التوبۃ : 36]

“Indeed, the number of months with Allah is twelve months in the Book of Allah from the day He created the heavens and the earth; of these, four are sacred.”

The mention of these four months comes in the Qur’an in a general way; fighting and conflict are prohibited in them, and initiating fighting is forbidden in them. But neither are the names of the twelve months mentioned in the Qur’an, nor is there any detailed mention of the four months. This mention is found in the hadiths or in the history of the Arabs. It is not known which sacred source our “People of the Qur’an” will accept. [حجیت حدیث از محمد اسمٰعیل سلفی رحمہ اللہ، ص : 167]

I say: It is astonishing and surprising that from the Qur’anic statement and historical references, it is clear that the Arabs used to alter the count of the months, because of which Allah Ta’ala said:

«﴿إِنَّمَا النَّسِیءُ زِیَادَۃٌ فِی الْکُفْرِ﴾» [التوبۃ : 37] “Postponing (of the months) is an increase in disbelief.”

But on the other hand, regarding the collection of the hadiths and Sunnah of the Messenger sallallahu alayhi wa sallam and their authenticity, the Qur’an has openly declared that they will be protected from all kinds of alteration and change and will remain a source of guidance until the Day of Judgment, just like the Qur’an. Yet, despite this, history can be relied upon, but not hadiths—astonishing is such narrow-mindedness.

Many people are also under the misconception that “Book” refers only to something voluminous, because in the Prophetic era, hadiths were not compiled in the form of a single book (even though this very objection applies to the Qur’an as well), and therefore, the ruling of “Book” does not apply to hadiths.

When Prophet Sulayman alayhis salam sent his letter to Bilqis, the Qur’an says:

«﴿اذْہَبْ بِکِتَابِی ہَذَا فَأَلْقِہْ إِلَیْہِمْ﴾» [النمل : 28]

“Take this letter of mine and deliver it to them.”

Then, when this letter was given to her, Bilqis said:

«﴿یَا أَیُّہَا الْمَلَأُ إِنِّی أُلْقِیَ إِلَیَّ کِتَابٌ کَرِیمٌ﴾» [النمل : 29]

“O assembly! A noble letter has been delivered to me.”

From these verses, it is known that it is not necessary for something voluminous to be called a “book.” The clarification of this “book” is further given in Surah An’am as follows:

«﴿وَلَوْ نَزَّلْنَا عَلَیْکَ کِتَابًا فِی قِرْطَاسٍ فَلَمَسُوہُ بِأَیْدِیہِمْ لَقَالَ الَّذِینَ کَفَرُوا إِنْ ہَذَا إِلَّا سِحْرٌ مُبِینٌ﴾» [الانعام : 7]

“And if We had sent down to you a book on paper, and they touched it with their hands, those who disbelieve would have said: ‘This is nothing but clear magic.’”

In this verse too, «قرطاس» “paper” is called a book. Therefore, the claim of the deniers of hadith that revelation always comes in the form of a book is invalid. In reality, the meaning of “book” is that it contains a command or something made obligatory; all these types apply to both the Qur’an and the hadiths of the Messenger of Allah sallallahu alayhi wa sallam.

In the renowned Arabic lexicon Lisan al-Arab, Ibn Manzur writes:

«وقال، کَتَبْنَا عَلَیْہِمْ فِیْہَا أَیْ فَرَضْنَا، وَمِنْ ہٰذَا قَوْلُ النَّبِیِّ صَلَّى اللّٰہُ عَلَیْہِ وَسَلَّمَ لِرَجُلَیْنِ احْتَکَمَا إِلَیْہِ۔۔۔۔۔» [لسان العرب، ج 12، ص : 23]

“That is, it is said: ‘We have written for them in it,’ meaning (by writing) ‘We have made it obligatory for them,’ and this is the statement of the Prophet sallallahu alayhi wa sallam when two people came to him for judgment, and he said: ‘I will certainly judge between you according to the Book of Allah,’ meaning what Allah Ta’ala has revealed in His Book or to His servant. (Ibn Manzur says) This judgment was regarding stoning, and its ruling is not found in the Qur’an... And it is also said (the meaning of ‘book’) is to make something obligatory, which Allah Ta’ala has revealed, or a command which is stated by the tongue of the Messenger of Allah sallallahu alayhi wa sallam (i.e., that too holds the ruling of ‘book’).”

Ibn Manzur’s explanation clarifies that everything in which a command is given or something is made obligatory, whether it is written in the Qur’an or in the hadiths of the Messenger of Allah sallallahu alayhi wa sallam, is a “book.”

Ibn Athir rahimahullah explains regarding the “Book of Allah”:

In the hadith of Sayyidah Barirah radi Allahu anha, “Whoever stipulates a condition not found in the Book of Allah,” meaning that ruling is not in the Book, nor is its judgment obligatory in the Book, because by “Book of Allah” is meant the obedience to the Prophet sallallahu alayhi wa sallam, and know that the Sunnah is the explanation of the Qur’an. And certainly, the Prophet sallallahu alayhi wa sallam assigned wala’ to the one who frees, and this ruling of wala’ is not mentioned in the Qur’an (i.e., it is in the hadith, and that too is the Book of Allah). [النہایہ فى غریب الحدیث والأثر، ج 4، ص : 128]

Imam Ibn Athir rahimahullah also clarified that by “book” is meant command and obligation, and its application is to both the Qur’an and the Sunnah.

Shihab al-Din Abu ‘Amr says in «القاموس الوافی»:

“By ‘book’ is meant a collection, letters, books, the Noble Qur’an, the Torah, the Gospel... the commands, and the statement of the Prophet sallallahu alayhi wa sallam: ‘I will certainly judge between you according to the Book of Allah.’ (This is the incident of ‘Asif, which Bukhari rahimahullah narrated).” [القاموس الوافی، ص : 922]

Shihab al-Din Abu ‘Amr also, while explaining “book,” mentioned the hadith of the Messenger of Allah sallallahu alayhi wa sallam in which it is stated: “I will certainly judge between you according to the Book of Allah,” i.e., hadith is also included in the Book of Allah.

In Misbah al-Lughat it is stated:

“Al-Kitab: that which is written, a letter, a scroll, an obligation, a command, a measure, every book that has been revealed from Allah Ta’ala.” [مصباح اللغات، ص : 723]

These same words are also quoted in al-Munjid. [دیکہئے المنجد، ص : 860]

This is a reality that even a source of the deniers of hadith, Ghulam Ahmad Parwez, did not deny; rather, he also acknowledged it. Mr. Parwez says:

“The meaning of ‘book’ also includes decision and command.” [لغات القرآن، ص : 1414]

It is astonishing that Parwez also accepts the meaning of “book” as command and decision, and it is also known that the complete example of the Prophet sallallahu alayhi wa sallam is a model for humanity, which is not mentioned in full detail in the Qur’an, but many aspects of it are highlighted in the Sunnah of the Messenger (the hadiths of the Messenger sallallahu alayhi wa sallam). But despite this reality, what is the meaning of turning away from this truth?

Therefore, from these quotations, it is clear that by “book” is meant command and obligations, which includes, along with the Qur’an, the hadith of the Messenger sallallahu alayhi wa sallam. For further detail, a few hadiths are presented:

➊ It is narrated in Musnad Ahmad ibn Hanbal that a companion, Sayyiduna Talhah ibn Ubayd radi Allahu anhu, requested the Prophet sallallahu alayhi wa sallam to write something regarding charity, and the Prophet sallallahu alayhi wa sallam accepted his request. Thus, the companion states:

«فَکَتَبَ لَنَا رَسُوْلُ اللّٰہِ صَلَّى اللّٰہُ عَلَیْہِ وَسَلَّمَ ہَذَا الْکِتَابْ» [مسند أحمد، ج 3، ص : 23] “So the Messenger of Allah sallallahu alayhi wa sallam had this book written for us.”

In the above hadith, a written command is also called a “book.” Thus, from this hadith, it is clear that whatever contains obligatory commands is called a “book.”

➋ Musa ibn Talhah rahimahullah says:

«عِنْدَنَا کِتَابٌ مَعَاذ رَضِیَ اللّٰہُ عَنْہُ عَنِ النَبِیِّ صَلَّى اللّٰہُ عَلَیْہِ وَسَلَّمَ» [سنن الدارقطنی، کتاب الزکوۃ، رقم : 1898]

“We have a book of Sayyiduna Mu’adh radi Allahu anhu which he had written from the Prophet sallallahu alayhi wa sallam.”

Although this document only contained issues of charity, it was still called a “book” because it contained obligations and commands.

➌ «قَالَ : أَتَانَا کِتَابُ رَسُولِ اللّٰہِ صَلَّى اللّٰہُ عَلَیْہِ وَسَلَّمَ : أَنْ لَا تَنْتَفِعُوا مِنَ الْمَیْتَۃِ بِإِہَابٍ وَلَا عَصَبٍ» [سنن النسائی، کتاب الفرع والعتیرہ، رقم : 4256 - سنن الترمذی، کتاب اللباس، رقم : 1729 - صحیح ابن حبان : 1278 - مسند عبد بن حمید : 488]

“Abdullah ibn ‘Ukaim says: A book of the Prophet sallallahu alayhi wa sallam came to us stating: Do not benefit from the skin of a dead animal.”

In this hadith too, only one command was written, which the narrator referred to as a “book.”

Benefit Number 3:

Under this chapter, in hadith number 2156, Imam Bukhari rahimahullah’s teacher is Hassan ibn Abi ‘Abbad, about whom Imam Ibn ‘Adi rahimahullah wrote: There are two Hassans, one is Hassan ibn Hassan al-Basri and the other is Hassan ibn Abi ‘Abbad al-Basri. See Ibn ‘Adi’s book: «أسامی من روى عنہم البخاری فى جامعہ الصحیح، ص : 117». In reality, this is a mistake that occurred to him, because Hassan ibn Hassan ibn Abi ‘Abbad is one and the same person. Allamah ‘Ala’ al-Din Mughaltai (d. 764 AH) has clarified that this Hassan is only one, not two. [دیکہئے : اکمال تہذیب الکمال، ج4، ص : 61]

Ibn ‘Adi rahimahullah mentioned Imam Bukhari’s teacher Hassan ibn Hassan separately from Hassan ibn Abi ‘Abbad. However, the correct view is that (these two) are one and the same person.

His full name is “Hassan ibn Hassan al-Basri Abu ‘Ali ibn Abi ‘Abbad.” Hafiz Ibn Hajar rahimahullah says that Imam Bukhari rahimahullah narrated only two hadiths from him. [ہدى الساری، الفصل التاسع، ص : 559]

Hafiz Ibn Hajar rahimahullah’s statement is questionable because Imam Bukhari rahimahullah did not narrate only two hadiths from Hassan ibn Hassan, but rather, he narrated about six hadiths from him in Sahih Bukhari. Allamah Mughaltai says: “Muhammad ibn Isma’il narrated six hadiths from him,” i.e., Imam Bukhari rahimahullah narrated six hadiths from him. After searching, by the grace of Allah, I have found these six hadiths. Imam Bukhari rahimahullah narrated from him in the following places; one has already been mentioned, the remaining five hadiths are:

① «کتاب البیوع، رقم الحدیث : 2156، باب البیع والشراء مع النساء۔»

② «کتاب الوصایا، رقم الحدیث : 2746، باب إذا أومأ المریض برأسہ إشارۃ بینۃ جازت۔»

③ «کتاب المغازی، رقم الحدیث : 4048، باب غزوۃ أحد۔»

④ «کتاب العمرۃ، رقم الحدیث : 1778، باب کم أعتمر النبى صلى اللہ علیہ وسلم۔»

⑤ «کتاب الاستئذان، رقم الحدیث : 6296، باب إغلاق الأبواب باللیل۔»

Hadith Commentary:
And the conditions that the Prophet (sallallahu alayhi wa sallam) mentioned in the hadith are also those set by Allah Himself.
Because whatever is in the hadith is also the command of Allah.
This sermon was delivered by the Prophet (sallallahu alayhi wa sallam) at the time when the owners of Barirah (radi Allahu anha) used to stipulate to Aisha (radi Allahu anha) that they would sell Barirah (radi Allahu anha) on the condition that her inheritance would go to them.

Hadith Commentary:
In both of these hadiths, there is mention of Barirah (radi Allahu anha) entering into a contract of mukatabah with her owners—that is, a slave or slave-girl agrees with her owner that within a certain period, she will pay a specified amount of money or some commodity, etc. Upon fulfilling this condition, she will become free. If the condition is fulfilled, then she is now free. Barirah (radi Allahu anha) also made such an arrangement with her owners, which she mentioned to Aishah (radi Allahu anha). Upon this, Aishah (radi Allahu anha) offered to pay the entire amount in one lump sum, on the condition that Barirah’s (radi Allahu anha) wala’ (right of allegiance) would be established with Aishah (radi Allahu anha) alone, and the owners would have no claim in this regard.

The meaning of wala’ is that after being freed, the bond of brotherhood remains with the former owner; family-wise, the freed person continues to be attributed to the former owner, and even upon the freed person’s death, the former owner is entitled to their inheritance. Thus, Barirah’s (radi Allahu anha) owners did not accept Aishah’s (radi Allahu anha) offer out of fear that the chain of wala’ would be severed.

Upon this, the Prophet (sallallahu alayhi wa sallam) delivered a sermon and clarified the issue, stating that this bond of brotherhood (wala’) remains with the one who purchases and frees the slave, not with the previous owner. Accordingly, Aishah (radi Allahu anha) purchased and freed Barirah (radi Allahu anha), and the chain of wala’ was severed from the previous owners and established with Aishah (radi Allahu anha).

Many rulings are established from this hadith, which Imam al-Fuqaha’ wa al-Muhaddithin, Imam Bukhari (rahimahullah), has extracted and mentioned in various places in his Jami’ al-Sahih. Imam Shawkani (rahimahullah) further clarifies in this regard as follows:

أن النبي صلی اللہ علیه وسلم قد کان أعلم الناس أن اشتراط الولاء باطل و اشتهر ذلك بحیث لا یخفی علی أهل بریرة فلما أرادوا أن یشرطوا ما تقدم لهم العلم ببطلانه أطلق الأمر مریدا به التهدید کقوله تعالیٰ (اعملوا ما شئتم)

So it is as if he said: “Set the condition of wala’ for them; soon they will know that this will not benefit them.” This is supported by the statement of the Prophet (sallallahu alayhi wa sallam): “What is the matter with people who stipulate conditions that are not in the Book of Allah?” (Nayl)

That is, the Prophet (sallallahu alayhi wa sallam) knew well that the condition of wala’ is invalid, and this principle had become so well-known that even the people of Barirah were not unaware of it. Then, when they insisted on stipulating this condition despite knowing its invalidity, the Prophet (sallallahu alayhi wa sallam) gave a general command as a form of warning that Barirah should be purchased, just as in the Qur’an, in the verse: “Do what you will” (Fussilat: 40)—this is said as a warning. It is as if he said: “Set the condition of wala’ for them; soon they will know that this condition will not benefit them at all.” This meaning is supported by the statement of the Prophet (sallallahu alayhi wa sallam): “What is the matter with people who stipulate conditions that are not in the Book of Allah?” Thus, all such conditions are invalid, even if they are stipulated; according to Islamic law, they have no standing.

Hadith Commentary:
(1)
Wala’ refers to the relationship established between a freed slave and the one who set him free. The benefit of this is that the slave, until his death, attributes his lineage in a familial sense to his benefactor who freed him, and after his death, the benefactor is entitled to his inheritance. In the pre-Islamic era of ignorance, the right to this attribution belonged to the former owner, even if the one who freed the slave was someone else. The owners of Hazrat Barirah radi Allahu anha were insisting on this same pre-Islamic condition, which the Messenger of Allah sallallahu alayhi wa sallam openly refuted.

(2)
From this hadith, it is established that Hazrat Aisha radi Allahu anha purchased Hazrat Barirah radi Allahu anha, and this is also in accordance with the chapter heading, that women can engage in buying and selling. There is no legal objection to this in the Shari‘ah.

(3)
From this hadith, Imam Bukhari rahimahullah has derived multiple issues and rulings, which will continue to be clarified as appropriate to their context and place.

(4)
At the end of this narration, regarding the husband of Hazrat Barirah radi Allahu anha, Hazrat Mughith radi Allahu anhu, Hazrat Nafi‘ expressed his lack of knowledge as to whether, at the time of Hazrat Barirah’s radi Allahu anha emancipation, he was a slave or free. Similarly, in one narration, Shu‘bah asked his teacher Abdur Rahman ibn Qasim about this, and he also replied that he did not know. (: Sahih al-Bukhari, al-Hibah, Hadith: 2578) However, Hazrat Ibn Abbas radi Allahu anhu has explicitly stated that at the time of Hazrat Barirah’s radi Allahu anha emancipation, her husband was a slave, and he would weep and shed tears in the streets and alleys of Madinah over the separation from his wife. The Messenger of Allah sallallahu alayhi wa sallam expressed great amazement at his condition. The Messenger of Allah sallallahu alayhi wa sallam also advised Hazrat Barirah radi Allahu anha regarding accepting him as her husband, but she chose separation. (: Sahih al-Bukhari, al-Talaq, Hadith: 5283, 5282)

Hadith Commentary:
Her husband's name was Mughith.
He was a slave.
When a slave woman (bondwoman) is emancipated, she is given the choice regarding her husband who is a slave—whether to maintain the marriage or to annul it.
There is also a narration that Mughith was free, but Qastallani has deemed the view that he was a slave to be correct.
This Mughith used to wander about weeping over his separation from Barirah.
The Messenger of Allah (sallallahu alayhi wa sallam) also interceded with Barirah (radi Allahu anha), recommending that she keep her marriage with Mughith, but Barirah did not consent in any way to remain in the marriage with him.

Hadith Commentary:
(1)
The Messenger of Allah (sallallahu alayhi wa sallam) said:
“Wala’ belongs to the one who pays the price and sets the slave free.”
This means that wala’ is not a transferable right; that is, it cannot be transferred to another person through sale or gift. This is the very purpose of the chapter heading.

(2)
Allamah Khattabi (rahimahullah) states:
Wala’ is like lineage (nasab); whoever sets a slave free, the right of wala’ belongs to him, just as when a child is born to someone, the lineage is established for him. If the child is attributed to someone else, the lineage cannot be transferred from his father. Similarly, wala’ will also not be transferred from its original place. Thus, the statement of the Messenger of Allah (sallallahu alayhi wa sallam) is:
“Wala’ is also like lineage; it is a relationship that cannot be sold nor can it be given as a gift.”
(Sahih Ibn Hibban, Al-Buyu’, Hadith: 4929)

Hadith Commentary:
Ibn Khuzaymah said: The meaning is that their impermissibility or non-obligation should be established from Allah’s Book, and it does not mean that any condition not mentioned in Allah’s Book is invalid.
Because sometimes, in a sale, the condition of guarantee (kafalah) is stipulated.
Sometimes, regarding the price (thaman), it is stipulated that it should be of a certain type of currency or paid within a certain period—these conditions are valid.
Even though they are not mentioned in Allah’s Book, because these conditions are legislated (mashru‘).

Hadith Commentary:
(1)
The conditions for a mukatab (a slave who enters into a contract for his freedom) are that he must be sane and mature, and that he accepts the contract of kitabah (manumission contract).
The amount for the kitabah must be specified, whether it will be paid in a lump sum or in installments.
No such condition should be stipulated that is contrary to the Book of Allah, the Sunnah of the Messenger of Allah (sallallahu alayhi wa sallam), or the consensus of the Ummah.
All such conditions will be unacceptable.

(2)
“As for those conditions which are not in the Book of Allah”—Hafiz Ibn Hajar rahimahullah, quoting Imam Ibn Khuzaymah rahimahullah, has explained its meaning in these words: that its permissibility or obligation is not established by the command of Allah.
This absolutely does not mean that any condition not mentioned in the Book of Allah is invalid, because sometimes in a sale, the condition of surety (kafalah) is stipulated.
Sometimes, a condition is stipulated regarding the price, i.e., that it will be of such-and-such currency or will be paid within such-and-such period; these conditions are valid even though they are not mentioned in the Book of Allah.
(Fath al-Bari: 5/232)

Hadith Commentary:
Hazrat Utbah (radi Allahu anhu) was the son of Abu Lahab.
He was a cousin of the Messenger of Allah (sallallahu alayhi wa sallam).
He accepted Islam in the year of the Conquest of Makkah.
Hazrat Barirah (radi Allahu anha) herself requested Hazrat Aishah (radi Allahu anha) to purchase her and set her free.
From this, the subject of the chapter is established.
All praise is due to Allah that in the Sacred Ka'bah, on 5th April (1970),
the reading of the text of Sahih Bukhari reached completion up to this point.
Along with this, a supplication was made that Allah, the Most Pure, grant success in the service of Sahih Bukhari and accept it as ongoing charity (sadaqah jariyah) on behalf of all those friends and elders who are providing every possible assistance to the servant in this great service.
May Allah reward them with the best of rewards in this world and the Hereafter.
Ameen. In the chain of narration, the name of Ayman (rahimahullah) appears.
Hafiz Sahib states:
He is Ayman al-Habashi al-Makki, resident of Madinah, the father of Abdulwahid. He is not Ayman ibn Nayal al-Habashi al-Makki, resident of Asqalan. Both are from the Tabi'in (Successors), and the father of Abdulwahid has only five hadiths in Sahih Bukhari: this one, two others from Aishah, and two from Jabir. All of them are corroborative narrations, and none narrated from him except his son Abdulwahid. (Fath al-Bari)

Hadith Commentary:
(1)
According to this hadith, Barirah (radi Allahu anha) herself requested Aisha (radi Allahu anha) to purchase and free her. This establishes the heading of Imam Bukhari (rahimahullah), and it is also understood from this that it is permissible to stipulate such a condition at the time of buying and selling, and it does not contradict the contract of transaction. This incident also indicates that by Aisha (radi Allahu anha) purchasing her, the contract of mukatabah (manumission contract) was automatically annulled. (Fath al-Bari: 5/242)

(2)
A married slave woman can enter into a contract of manumission (mukatabah) without her husband’s permission, even if the result is separation and parting between them, and she can also attain freedom without her husband’s permission. It should be noted that, according to the statement of the commentator of Bukhari, Ibn Battal (rahimahullah), some of the later scholars have derived more than one hundred rulings from the hadith of Barirah (radi Allahu anha). Imam Nawawi (rahimahullah) says that Imam Ibn Khuzaymah (rahimahullah) and Imam Ibn Jarir (rahimahullah) have authored independent books regarding this hadith. Some individuals have enumerated the benefits of the hadith of Barirah up to four hundred, but this was done with some affectation. Imam Bukhari (rahimahullah) has derived all the issues of “Kitab al-Mukatab” from this single hadith. Allah, the Exalted, has honored his noble services with acceptance. It is hoped that on the Day of Judgment, Allah, the Exalted, will grant him the companionship and company of the Messenger of Allah (sallallahu alayhi wa sallam). This humble servant also seeks Allah’s mercy and hopes for His forgiveness.

Hadith Commentary:
Hazrat Barirah (radi Allahu anha) became the means for three legal (shar‘i) rulings, the details of which are as follows:
➊ The right of wala’ (allegiance) of a slave or slave-girl belongs to the one who sets him or her free.
➋ When an item of charity (sadaqah) is gifted by a poor person to someone else, it no longer remains charity; rather, its ruling changes.
➌ After being freed from slavery, a married slave-girl has the choice to separate from her husband, provided that her husband is also a slave.
In any case, this narration shows that the Messenger of Allah (sallallahu alayhi wa sallam) used to accept gifts and would make use of them himself.

Hadith Commentary:
It is not permissible to stipulate conditions in a sale that are contrary to the Shariah; even if someone does stipulate such conditions, those conditions will be invalid. This is the very purpose of the chapter and the hadith here.

Hadith Commentary:
Imam Bukhari rahimahullah did not clarify whether stipulations (conditions) in buying and selling are permissible or impermissible; rather, he left it unrestricted because there is a difference of opinion regarding this matter.
In one narration, the Messenger of Allah sallallahu alayhi wa sallam said:
“You buy it and stipulate the condition of wala’ for them.
Indeed, wala’ is only for the one who sets free.”
(Sahih al-Bukhari, al-Buyu’, Hadith: 2168)
According to this narration, if an impermissible condition is stipulated at the time of buying and selling, the sale will be valid but the condition will be void, whereas according to some jurists, both the sale and the condition will be void.
In this way, this hadith will correspond to the chapter heading.
(‘Umdat al-Qari: 9/611)

Hadith Commentary:
It is understood that any transaction conducted with invalid conditions—such conditions will by no means be acceptable, and yet the transaction itself will be concluded.

Hadith Commentary:
Hazrat Barirah (radi Allahu anha) had entered into a contract of manumission (mukatabah) with her owners.
She requested Umm al-Mu’minin A’ishah (radi Allahu anha) to purchase her, but with the condition that after buying her, she must be set free.
From this, it is understood that if a slave under a contract of manumission (mukatab) agrees to be sold on the condition that he or she will be set free after purchase, then it is permissible to do so.
Legally, there is no flaw in this; however, any transaction conducted with invalid conditions will never be acceptable, just as the owners of Hazrat Barirah (radi Allahu anha) had stipulated an invalid condition.
The Messenger of Allah (sallallahu alayhi wa sallam) declared this condition null and void.

Chapter of Sahih Bukhari Hadith Number: 5097: «بَابُ الْحُرَّةِ تَحْتَ الْعَبْدِ:»
Relevance between the Chapter Heading and the Hadith:
Through the chapter heading, Imam Bukhari rahimahullah has declared the marriage of a free woman to a slave man as permissible and has also alluded to this issue. However, the hadith presented under the chapter, narrated from Umm al-Mu’minin Aisha radi Allahu anha, does not mention a slave husband. Therefore, apparently, there does not seem to be a connection between the chapter heading and the hadith.

Ibn al-Munir rahimahullah states:
«قلت : رضي الله عنك ! ليس فى حديث بريرة هذا ما يدل أن زوجها كان عبداً.»
“The hadith of Barirah radi Allahu anha that has been narrated does not make it clear that Barirah’s radi Allahu anha husband (Sayyiduna Mughith) was a slave.”

He further states:
«وقد خرج حديثها أتم من هذا، وفيه التصريح بأنه عبد.» [المتوري : ص 290]
“Indeed, Imam Bukhari rahimahullah has brought forth (another hadith) which is more complete, in which it is explicitly clear that Barirah’s radi Allahu anha husband, Mughith radi Allahu anhu, was a slave.”

In reality, the issue is whether Sayyiduna Mughith radi Allahu anhu was free or a slave at the time Barirah radi Allahu anha was emancipated. Some narrations establish that he was free, while according to other narrations, he was a slave.
Through the chapter heading, Imam Bukhari rahimahullah’s inclination appears to be that he was a slave.

Accordingly, Zakariya Kandhlawi writes:
«وميل المصنف الي مسلك الجمهور وقد ترجم فيما سياتي ”باب خيار الأمة تحت العبد“» [الابواب و التراجم لصحیح البخاری: 482/5]
Imam Bukhari rahimahullah’s inclination is towards the view of the majority (that Sayyiduna Mughith radi Allahu anhu was a slave at the time of Barirah’s radi Allahu anha emancipation), and indeed Imam Bukhari rahimahullah established the chapter heading regarding this, that: «باب خيار الأمة تحت العبد»

Allamah Badr al-Din ibn Jama‘ah rahimahullah, while explaining the relevance between the chapter heading and the hadith, states:
«ليس فى الروايه التى ذكرها ان مغيثاً كان عبداً لكنه صح ذالك من طريق أخريٰ اانه كان عبداً وقد خيرها النبى صلى الله عليه وسلم فدل على جواز الحرة تحت العبد.» [مناسبات تراجم البخاري : ص 98]
In this narration, it is not explicitly stated that Sayyiduna Mughith radi Allahu anhu was a slave (so then how is there relevance between the chapter heading and the hadith?). However, the correct view is that, as established through another chain, he was indeed a slave. Certainly, the Prophet sallallahu alayhi wa sallam gave Sayyidah Barirah radi Allahu anha the choice (whether to maintain the marriage with Mughith or to end it). Thus, this is evidence that a slave husband can remain in the marriage of a free woman. Therefore, from here, the relevance between the chapter heading and the hadith is established.

Hadith Commentary:
(1)
When Barirah radi Allahu anha was granted freedom, she was given the choice that if she wished, she could annul her marriage with her husband, and if she wished, she could remain with him. This option was given on the basis that at the time of her emancipation, her husband was a slave, as is clarified in another narration.
(Sahih al-Bukhari, Book of Divorce, Hadith: 5282)
When Barirah radi Allahu anha was given the choice, she chose separation from her husband Mughith. He would weep and follow her in the streets and alleys. The Messenger of Allah sallallahu alayhi wa sallam interceded, saying:
"Accept him as your husband."
Barirah radi Allahu anha replied:
"If this is your command, then I will comply, but if it is an intercession, then I apologize."
He sallallahu alayhi wa sallam did not take offense at this.
(Sahih al-Bukhari, Book of Divorce, Hadith: 5283)
If it were unlawful for a free woman to remain married to a slave, why would the Messenger of Allah sallallahu alayhi wa sallam intercede for this?(2)
From this intercession, Imam al-Bukhari rahimahullah has established the ruling that it is permissible for a free woman to remain married to a slave.
We will explain its details in the Book of Divorce, insha Allah Ta'ala.

Takhrij al-Hadith: [وأخرجه البخاري 5279، ومسلم 14/1504، من حديث مالك به]
Jurisprudential Points:
➊ When a slave woman is freed, she obtains the right to choose whether to remain with her former husband or to separate from him, provided that after her emancipation, the husband has not had intercourse with her (with her consent).
➋ Sayyiduna Ibn Umar radi Allahu anhu said: The freed slave woman retains the right of choice until her former husband touches her. [موطأ امام مالك 2/562 ح1224، وسنده صحيح]
➌ If a poor or needy person becomes the owner of wealth from charity or zakat, and then he gives a gift from it to a wealthy person, that wealth becomes lawful (halal) for the wealthy person.
➍ Charity, alms, and zakat are not lawful but rather forbidden for a wealthy person and one who is strong and able to earn.
➎ If something is forbidden due to a specific reason (‘illah), and then that reason ceases to exist, then that thing is no longer forbidden.
➏ Charity is not lawful for the Messenger of Allah sallallahu alayhi wa sallam and his family and descendants. According to some scholars, this ruling pertains to obligatory charities and zakat, while voluntary charity is permissible. And Allah knows best.
➐ The meaning of the bond of wala’ is being a mawla (patron or client).
➑ If a desirable food is present in the house, it is permissible to request it from the household.
➒ Giving charity to the poor and needy is the practice of the people of faith.
➓ It is permissible to keep vessels for cooking food and serving drinks in the house.

Hadith Commentary:
Until the husband pronounces divorce, this is the view of the majority. However, it is narrated from Ibn Mas‘ud, Ibn ‘Abbas, and Ubayy ibn Ka‘b (radi Allahu anhum) that the sale of a slave-woman constitutes a divorce.
Among the Tabi‘in, Sa‘id ibn al-Musayyib, Hasan, and Mujahid also hold this view.
‘Urwah said that the right of divorce will remain with the buyer.
The purpose of the chapter is derived from the hadith in this way: when the Prophet (sallallahu alayhi wa sallam) gave Barirah (radi Allahu anha) the choice, after she was freed, to either keep her husband or separate from him,
it became clear that the emancipation of a slave-woman is not a divorce; otherwise, what would be the meaning of giving her a choice? And when emancipation is not a divorce, then sale also will not be a divorce.
This is evidence of the subtlety of deduction and jurisprudential insight of Imam Bukhari (rahimahullah).
Those who do not acknowledge the jurisprudential acumen of Imam Bukhari (rahimahullah) are foolish.
Imam Bukhari (rahimahullah) is an absolute mujtahid and the Imam of the jurists in the jurisprudence of hadith.
If the bat’s eye does not see the sun’s light during the day, what fault is there in the sun?

Hadith Commentary:
(1)
In one narration, it is mentioned that four rulings were learned from the case of Sayyidah Barirah radi Allahu anha:
One of them is that the Messenger of Allah sallallahu alayhi wa sallam ordered her to observe the waiting period (‘iddah) like a free woman.
(Musnad Ahmad: 1/361)
It is narrated from Hazrat A’ishah radi Allahu anha that Hazrat Barirah radi Allahu anha was ordered to observe three menstrual cycles as her waiting period.
(Sunan Ibn Majah, Kitab at-Talaq, Hadith: 2077)
When Hazrat Barirah radi Allahu anha was freed, she was given the choice regarding her husband. If divorce were to occur merely by the act of sale, then there would be no meaning in giving her the choice.
Giving the choice means that she was still in the marriage of her husband; when divorce does not occur by freeing, then, a fortiori, it will not occur by selling.

(2)
In any case, the owner of a slave woman who is married is deprived of the right of divorce.
The right to divorce belongs to her husband, which is not nullified by selling her.
And Allah knows best.

Hadith Commentary:
Haddathana Adam, haddathana Shu’bah, and he added: “So she was given the choice regarding her husband.” Adam ibn Abi Iyas narrated to us, Shu’bah narrated to us, and in this narration there is the addition that after (her emancipation), she was given the choice concerning her husband (that if she wished, she could remain with him, and if she wished, she could annul her marriage to him).

Hadith Commentary:
Imam Bukhari rahimahullah has left this chapter without a title because it is related to the previous chapter.
This hadith has appeared several times before, and countless juristic rulings are established from it.
Hafiz Ibn Hajar rahimahullah has pointed out many rulings, which are spread over eight pages.
People of knowledge should certainly study them.
This shows how vast the knowledge of our predecessors was.
May Allah Ta'ala gather us with them in Jannat al-Firdaws.

Hadith Commentary:
The Messenger of Allah (sallallahu alayhi wa sallam) preferred meat over other dishes, from which it is understood that he liked meat.
In both this world and the Hereafter, meat is the chief of all dishes.
This is why, when Jabir (radi Allahu anhu) invited him, he slaughtered a goat.
The Messenger of Allah (sallallahu alayhi wa sallam) said:
“It is as if you knew that we love meat.”
(Musnad Ahmad: 3/303)
And regarding those predecessors from whom preference for other items over meat has been narrated, what is meant is their contentment, so that a person does not become accustomed to luxurious things.
In any case, meat is an excellent dish; if someone partakes of it while avoiding extravagance and wastefulness, then there is no objection to it in the Shari‘ah.
(Fath al-Bari: 9/688)

Hadith Commentary:
Wala’ refers to the relationship that is established between a master and a slave.
When the slave dies, his inheritance passes to the master due to wala’.
If someone purchases a slave from a master and then emancipates him, the wala’ is transferred to the one who set him free.
If, in the case of expiation for an oath (kafarat al-yamin), someone purchases a slave from another and emancipates him, then in this situation as well, the wala’ will belong to the one who emancipated him.
There is no disagreement about this.
And Allah knows best.

Hadith Commentary:
(1)
According to this hadith, the right of wala is given to the one who sets the slave free. This is a relationship that cannot be terminated at will, because it is like lineage, which also cannot be gifted or sold. Therefore, if someone says to his slave, "You are freed as a sa’ibah, so you may place your wealth wherever you wish, and your wala will not be connected to anyone," then these are futile actions; they will have no effect on the original rule.
(2)
Imam Bukhari rahimahullah has established from this hadith that the custom of sa’ibah is a remnant of the era of ignorance (Jahiliyyah). According to the original rule, the relationship of wala will remain with the person who set the slave free; by attempting to terminate it, this relationship will not be ended.
Wallahu a‘lam.

Hadith Commentary:
(1)
The position of the people of Kufa is that if a person becomes Muslim at the hands of someone, then dies and has no other heir, the one at whose hands he accepted Islam is entitled to his property. In this regard, the narration of Tamim al-Dari radi Allahu anhu is presented, in which he asked the Messenger of Allah sallallahu alayhi wa sallam: "O Messenger of Allah! If a man accepts Islam at the hands of another and then dies, who is his heir in Islam regarding his property?" He replied: "The one who has more right over his life and death." However, several hadith scholars have declared this narration weak. Thus, Imam Shafi'i rahimahullah states that the aforementioned hadith is not established.

(2)
Imam Bukhari rahimahullah, in support of the majority of scholars, has presented two narrations in which it is stated that the right of wala belongs to the one who emancipates (a slave). In this hadith, the "lam" is for specification, meaning wala is specific to the one who emancipates and spends wealth concerning him.

(3)
The summary is that if someone dies after accepting Islam at the hands of another, his wala is not for the one at whose hands he accepted Islam, because wala is specific to the emancipator. And Allah knows best.

Hadith Commentary:
(1)
The meaning of "wali al-ni‘mah" is that after paying the price, the slave or slave-girl is set free. The entitlement of wala (right of inheritance from a freed slave) arises from the act of manumission. This entitlement applies both to the man who frees the slave and to the woman who frees the slave; therefore, if both a man and a woman jointly free a slave, the right of wala is established for both of them.

(2)
Hafiz Ibn Hajar rahimahullah has written, quoting Ibn Battal, that this hadith necessitates that the right of wala belongs to the one who frees the slave, whether it is a man or a woman; all the scholars are unanimous on this point. (Fath al-Bari: 12/58) Since these issues have no practical existence today and are only studied theoretically, we do not mention their details.

Benefits and Issues:
No Muslim, whether man or woman, should ever remain heedless of the remembrance of Allah in any circumstance (except in the restroom, etc.), whether in a state of ablution (wudu) or without ablution, whether pure or in a state of major ritual impurity (janabah). The Noble Qur’an is also the remembrance of Allah, but it is impermissible to recite it in a state of janabah. Women should also consistently engage in general remembrances (adhkar) during their specific days (menstruation). However, there is a difference of opinion regarding their recitation of the Noble Qur’an. Imam Malik, Tabari, Ibn al-Mundhir, Dawud, and Imam Bukhari rahimahumullah, in light of the aforementioned hadith, incline towards the view that it is permissible and allowed. Especially for those women who have memorized the Noble Qur’an or are involved in teaching and learning Islamic sciences, this interruption becomes extremely problematic. Whereas the state of janabah is for a very short duration. Although it is narrated from Ibn Abbas radi Allahu anhuma that he did not consider there to be any harm in reciting (the Qur’an) even for someone in a state of janabah. For details, see: [صحيح البخاري وفتح الباري، كتاب الحيض، باب تقضي الحائض المناسك كلها....]

Commentary:
(1)
By "all times" it is meant that whether he was in a state of ablution (wudu) or not, he (sallallahu alayhi wa sallam) would remember Allah. That is, for verbal remembrance (dhikr), the level of purity required for prayer and similar acts is not necessary. Another meaning of "all times" could be that, just as there are certain disliked (makruh) times for prayer, there is no such disliked time for the remembrance of Allah.

(2)
Some scholars have deduced from this that, just as being free from minor impurity (hadath asghar), i.e., being in a state of ablution, is not necessary for the recitation of the Noble Qur'an, likewise, being free from major impurity (hadath akbar), i.e., ritual impurity (janabah), is also not a condition. Because the Qur'an is also a form of remembrance (dhikr). However, firstly, the immediate meaning of Allah's remembrance is phrases like "Subhanallah," "Alhamdulillah," etc., whose utterance is not considered recitation of the Qur'an. Secondly, there are multiple hadiths narrated prohibiting recitation in the state of janabah. Although each of these hadiths is individually weak, according to a group of scholars, when combined, they become suitable for use as evidence because their weakness is not severe. Therefore, according to them, caution lies in avoiding recitation in the state of janabah as much as possible, unless there is an unavoidable necessity. However, another group of scholars, which includes figures such as Imam Bukhari rahimahullah, Imam Ibn Taymiyyah rahimahullah, and Imam Ibn Hazm rahimahullah, says that all the hadiths prohibiting this are weak; therefore, even someone in a state of janabah or a menstruating woman (ha’idhah) may recite the Noble Qur'an. And Allah knows best.

Hadith Commentary: Benefits and Issues:
This hadith establishes that the Prophet (sallallahu alayhi wa sallam) would remember Allah in all circumstances of life: while eating and drinking, sleeping and waking, entering and leaving the mosque, entering and leaving the toilet—thus, in every state, he would remember Allah. From this hadith, it has also been deduced that the Prophet (sallallahu alayhi wa sallam) would remember Allah even without ablution (wudu) when there was a need. However, just as it is not correct to engage in remembrance (dhikr) while sitting in the toilet or during sexual intercourse (jima‘), nor is it permissible to recite the Qur’an in these states, similarly, it is not correct to recite the Qur’an in a state of major ritual impurity (janabah) or menstruation (hayd). This is the position of the Imams, and this is correct. Otherwise, if, based on the generality of “all circumstances,” it is deemed permissible to recite the Qur’an during menstruation and janabah, then it should also be permissible in the toilet and during intercourse, as these too fall under “all circumstances.” Whereas, the real intent of the hadith is to remember Allah at every stage and every turning point of life; every state and every time is not intended. If every state and every time were intended, then why did the Prophet (sallallahu alayhi wa sallam) not reply to the greeting (salam) after urinating?

Explanation:
1:
All times are excepted from these particular times, for example:
while defecating,
while urinating, and during sexual intercourse,
because in these states, it is better not to engage in the remembrance of Allah,
similarly, in these states, it is better not to respond to the words of the muezzin, not to say (alhamdulillah) upon sneezing, and not to reply to greetings (salam).

Takhrij:
[بخاري تعليقًا اللباس باب Q5783],
[احمد 181/2، 182],
[ابو داود ؟]

Vocabulary:
«سَرَفٌ» and «إِسْرَافٌ» mean to exceed the limits in any statement or action; this word is most often used for exceeding the limits in spending. Allah Almighty, warning the heirs of the murdered, said: «فَلَا يُسْرِف فِّي الْقَتْلِ» do not exceed the limits in killing, and He said: «وَكُلُوا وَاشْرَبُوا وَلَا تُسْرِفُوا» "Eat and drink, but do not be excessive." [فتح]

«مخيلةٌ» is a verbal noun (masdar mimi) on the pattern of «مفعلة خيلاء», and it means arrogance. When a person becomes fixated on some virtue in himself, this disease arises. "Takhayyul" means the imprinting of an idea in the mind. [راغب]

Benefits:
➊ Allah Almighty has made every pure (tayyib) thing in the world lawful for mankind, whether it is food, drink, residence, or any means of transportation. Only those things have been made unlawful which are impure (khabith) and harmful to a person's body, intellect, wealth, honor, or religion, because these five things are the most precious to a person and their protection is necessary.

«وَيُحِلُّ لَهُمُ الطَّيِّبَاتِ وَيُحَرِّمُ عَلَيْهِمُ الْخَبَائِثَ» [7-الأعراف:157]

"He makes lawful for them the pure things and forbids them the impure things."

➋ From this hadith, it is understood that a person can use every permissible (mubah) thing in the world and as much as he wishes; it is not that one person can do so and another cannot, or that one can use a certain amount and not more:

«هُوَ الَّذِي خَلَقَ لَكُم مَّا فِي الْأَرْضِ جَمِيعًا» [2-البقرة:29]

"He it is Who created for you all that is in the earth."

«قُلْ مَنْ حَرَّمَ زِينَةَ اللَّـهِ الَّتِي أَخْرَجَ لِعِبَادِهِ وَالطَّيِّبَاتِ مِنَ الرِّزْقِ» [7-الأعراف:32]

"Say: Who has forbidden the adornment of Allah which He has produced for His servants and the good (pure) provisions?"

➌ These lawful things become impermissible when they exceed the limit of necessity—for example, eating or drinking so much that it becomes a burden on the body and harms health, or spending so much in food, drink, or charity that it exceeds one's means and then one is left in distress, or having the intention of showing off or being superior to others in eating, drinking, dressing, or giving charity. The Messenger of Allah sallallahu alayhi wa sallam has prohibited all these things:

➍ The limit in eating and drinking which should not be exceeded is mentioned in a hadith of Tirmidhi. Miqdam bin Ma'dikarib radi Allahu anhu narrates that the Messenger of Allah sallallahu alayhi wa sallam said:

«ما ملا آدمي وعاء شرا من بطن بحسب ابن آدم اكلات يقمن صلبه فإن كان لا محالة فثلث لطعامه وثلث لشرابه وثلث لنفسه»

"No human fills a vessel worse than his stomach. It is sufficient for the son of Adam to eat a few morsels to keep his back straight. But if he must (eat more), then a third for his food, a third for his drink, and a third for his breath." [ترمذي/الزهد 47 حديث صحيح ديكهيے صحيح الترمذي 1939]

If someone is extremely hungry or thirsty for a long time, he may eat or drink more, as the Messenger of Allah sallallahu alayhi wa sallam told Abu Hurairah radi Allahu anhu to drink milk repeatedly after severe hunger, until he said: «لا والذي بعثك بالحق ما اجد له مسلكا» "By Him Who sent you with the truth, I find no space (in my stomach) for it to enter." [صحيح بخاري 6452]

➎ Exceeding the limits in clothing is when it is below the ankles, or made of silk, or resembles women's clothing, or resembles the clothing of disbelievers.

➏ The clarification of extravagance (israf) in charity is found in the statement of Allah Almighty:

«وَلَا تَجْعَلْ يَدَكَ مَغْلُولَةً إِلَى عُنُقِكَ وَلَا تَبْسُطْهَا كُلَّ الْبَسْطِ فَتَقْعُدَ مَلُومًا مَّحْسُورًا» [17-الإسراء:29]

"And do not make your hand chained to your neck nor extend it completely, lest you sit down blamed and exhausted."

In reality, in this verse, the limit of spending is mentioned not only for charity but also for eating, drinking, dressing, and other matters; if a person exceeds this, he falls into extravagance (israf).

Takhrij:
«أخرجه أحمد:2 /181، 182«والترمذي الأدب، حديث:2819 بلفظ آخر وحديثه صحيح», and al-Nasa’i, al-Zakah, Hadith: 2560, and Ibn Majah, al-Libas, Hadith: 3605, and al-Bukhari in suspended form (ta‘liq), al-Libas, before Hadith: 5783, Qatadah is a mudallis and has narrated with ‘an‘anah.»

Explanation:
➊ The aforementioned narration has been declared weak in its chain by our esteemed researcher, while other scholars have deemed it authentic due to supporting evidences. Furthermore, Imam al-Bukhari rahimahullah has also mentioned it in his Sahih in suspended form (ta‘liq).
Therefore, despite the chain of this narration being weak, it is actionable and a valid proof due to supporting evidences.
And Allah knows best.
For further reference, see: (al-Mawsu‘ah al-Hadithiyyah Musnad al-Imam Ahmad: 11/294, 295; Hidayat al-Ruwat: 4/217, 218)

➋ In this hadith, extravagance (israf) and arrogance (takabbur) are prohibited, whether they pertain to food and drink, clothing, or charity and almsgiving.
Both of these, in any case, are unlawful, because extravagance in anything is harmful to body, soul, and livelihood, and it brings a person to the brink of destruction, and it ruins a person’s inner self.
As for arrogance, since it creates self-admiration and haughtiness in a person, it is also harmful in this world and the Hereafter.
With respect to the Hereafter, it is because a person becomes guilty of a major sin (kabirah), and in this world, such a person becomes despised and insignificant in the eyes of people.

Hadith Commentary:
Extravagance in clothing is when one wastes fabric without benefit, such as wrapping turbans from entire bolts of cloth. From this, it is also evident that arrogance and pride play a major role in letting garments trail. This is a very bad habit. No matter how many good deeds a person may have, if accompanied by arrogance and pride, he will not attain salvation. Conversely, even if a person has many sins, if he possesses humility and modesty, there is hope for forgiveness.

Hadith Commentary:
(1)
Dragging one's garment while walking is extremely reprehensible.
This includes the sheet, shirt, trousers, cloak, coat, and turban, etc.
The noble statement of the Messenger of Allah (sallallahu alayhi wa sallam) is:
“Letting the garment hang below the limit is prohibited for the waist-wrapper (izar), shirt (qamis), and turban (imamah), all of them.” (Sunan Abi Dawud, Kitab al-Libas, Hadith: 4094)
This is extravagance and has been considered a sign of arrogance, as the Messenger of Allah (sallallahu alayhi wa sallam) said to a man:
“Avoid letting your garment hang below the ankles, for this is a sign of arrogance, and Allah does not like arrogance.” (Sunan Abi Dawud, Kitab al-Libas, Hadith: 4084)
However, women are permitted to let their garments hang below the ankles.
(2)
It is as if there is also an aspect of femininity in this manner, which does not befit men.
Men should express masculine qualities in their clothing, one of which is that the waist-wrapper (izar) and trousers, etc., should be above the ankles.
Further clarification of this will follow.
In any case, Muslims should avoid extravagance and arrogance in their clothing.
And Allah knows best.

Benefits and Issues:
➊ If any pure substance mixes with water, there is no doubt about its remaining pure, but it is necessary that through this mixing, the water remains water. If, instead of being a liquid water, it becomes known as syrup, buttermilk, or broth, etc., then it is no longer considered water, and ablution (wudu) or ritual bath (ghusl) with it has no meaning.
➋ "Nabeedh" is a special drink of the Arabs, which they used to prepare by soaking dried dates or raisins in water, similar to how, in our region, syrup is made from tamarind or dried plums.
➌ The Messenger of Allah (sallallahu alayhi wa sallam) was sent to the jinn as well as to humans; on several occasions, he (sallallahu alayhi wa sallam) preached and admonished them as well. In the Noble Qur'an, Surah al-Jinn especially clarifies this issue.

Explanation:
Nabeedh refers to a drink made from dates that is sweet and has not become intoxicating. Imam Abu Hanifah rahimahullah has permitted ablution (wudu) with it when water is not available, whereas according to Imam Shafi’i, Imam Ahmad, and all the other scholars among the Ahl al-Hadith, ablution with nabeedh is not permissible. This is also the fatwa of Imam Bukhari rahimahullah. The narration from Hasan has been transmitted by Ibn Abi Shaybah, the narration from Abu’l-‘Aliyah by Daraqutni, and the narration from ‘Ata by Abu Dawud in a connected (mawsul) form. The purpose of the hadith under discussion is that when an intoxicating substance is prohibited, how then can ablution with it be permissible?

Hadith Commentary:
Nabeedh refers to a drink made from dates that is sweet and in which intoxication has not developed.
Imam Abu Hanifah rahimahullah has permitted ablution (wudu) with it when water is not available, whereas according to Imam Shafi‘i, Imam Ahmad, and all the other Imams among the Ahl al-Hadith, ablution with nabeedh is not permissible.
This is also the fatwa of Imam Bukhari rahimahullah.
The narration from Hasan has been transmitted by Ibn Abi Shaybah, the narration from Abu’l-‘Aliyah by Darqutni, and the narration from ‘Ata’ by Abu Dawud in a connected (mawsul) form.
The purpose of the hadith under discussion is that when an intoxicating substance is prohibited, then how can ablution with it be permissible?

Hadith Commentary:
1.
The things that mix with water are of two types:
Impure and pure.
Then, the pure is of two kinds:
One is that which, despite being pure, is repugnant, such as saliva or phlegm, etc.
The second is that which is not repugnant, such as dates, etc.
Imam Bukhari rahimahullah’s ruling is that if any impure thing mixes with water and causes a change, then the water becomes impure.
As for pure but repugnant things, he has already clarified this in the previous chapter.
Now he wants to explain that if something mixes with water which is pure and also not repugnant, but it changes one of the three characteristics of the water to the extent that it can no longer be called water, then ablution (wudu) with it is not permissible.
Imam Bukhari rahimahullah also alludes to the fact that if something mixes with water but neither changes its name nor any of its characteristics, then performing ablution with it is not impermissible.

2.
Imam Bukhari rahimahullah, to prove his claim, has cited the hadith of Aisha radi Allahu anha that every intoxicating drink is forbidden.
Ablution (wudu) is an act of worship in which it is not permissible to use anything forbidden, therefore performing ablution with an intoxicating substance is haram.
Imam Bukhari rahimahullah’s reasoning is as follows: “Sukr” (intoxicant) is general:
Whether the intoxication is actual, such as wine, etc., or potential, such as nabidh, etc., it is not permissible to perform ablution with them.
Nabidh has such potency that if it is left for a longer time or boiled more, it becomes intoxicating.
Moreover, after nabidh is prepared, the term “water” no longer applies to it, i.e., it is no longer called water, whereas the command of Allah, the Exalted, is:
“When you do not find water, then perform tayammum with clean earth.” (Al-Ma’idah 5:6)
Imam Bukhari rahimahullah has also deduced from this that in the presence of nabidh, tayammum can be performed, because he does not have water.
It should be clear that the narrations in which permission to perform ablution with nabidh is reported do not reach the level of proof, therefore they cannot be presented as evidence.

3.
Imam Tadabbur, even at this point, did not reflect and immediately objected to Imam Bukhari rahimahullah. Observe:
“It is not known what need there was to establish this chapter? The question of performing ablution with anything other than water does not even arise.” (Tadabbur Hadith: 1/334)
The Hanafi jurists have expended all their scholarly and intellectual energies in permitting ablution with nabidh.
It is discussed with great emphasis in every book of fiqh.
Imam Bukhari rahimahullah is refuting these gentlemen here, but Islahi Sahib is unaware of this—why, it is not known.

Takhrij:
«أخرجه البخاري، المكاتب، باب ما يجوز من شروط المكاتب، حديث:2561، ومسلم، العتق، باب إنما الولاء لمن أعتق، حديث:1504.»©Explanation:
Several rulings are established from this hadith, for example:

➊ It is permissible to establish a contract of manumission (mukatabah) between a slave and his owner/master for a specified amount and a fixed period.

➋ If another person pays the agreed amount on behalf of the slave and grants him freedom, this is also permissible. The one who sets him free will be entitled to his inheritance and legacy.

➌ If the slave asks a wealthy person for help in paying the amount of his manumission contract, this is permissible.

➍ The amount of the manumission contract (mukatabah) can be paid in installments.

➎ If a deserving person asks for help, he should be assisted.

➏ If an unlawful condition is attempted to be imposed, such a condition has no legal (shar‘i) standing; only the lawful (shar‘i) condition will be considered.

➐ This hadith also establishes the practice of mutual consultation. If a wife seeks advice from her husband, the husband should give correct advice.

➑ If people are unaware of a particular issue, that issue should be explained to the public. The issue should be presented in general terms, not by mentioning anyone’s name.

➒ When addressing the public, one should first praise and glorify the Creator of the universe, and then state one’s purpose and objective.

➓ The same method and style should be adopted when making a request or appeal to someone.

⓫ It is permissible to sell a slave or slave-girl who is under a manumission contract (mukatabah). This is the view of Imam Ahmad and Imam Malik rahimahumallah.

Clarification: «حضرت بریرہ رضی اللہ عنہا » The letter “ba” has a fathah (zabar) and the letter “ra” has a kasrah (zer) underneath. She was the slave-girl of Umm al-Mu’minin Aisha radi Allahu anha and the wife of Mughith, who was a slave of the family of Abu Ahmad ibn Jahsh. When she was freed, the Messenger of Allah sallallahu alayhi wa sallam gave her the choice, so she chose to leave her husband Mughith (who was still a slave at that time).

Takhrij:
«أخرجه البخاري، النكاح ، باب الحرة تحت العبد، حديث:5097، ومسلم، العتق، باب بيان أن الولاء لمن أعتق، حديث:1504.»©Explanation:
This hadith is evidence that when a woman attains her freedom while her husband is still a slave, she has autonomy regarding her husband—whether she chooses to remain in his marriage or not.
There is consensus on this matter.
The difference of opinion arises in the case where the husband also becomes free.
According to one opinion, the woman has no choice; she must remain in the marriage with the same husband.
This is the view of the majority.
It has also been said that she, in any case, retains the right of choice even if the husband is free; this was chosen by Ibn Qayyim rahimahullah.
It should be known that this hadith is of great significance.
The scholars have mentioned it in several places in their books, and the author rahimahullah himself has derived many rulings from it, the number of which reaches one hundred and twenty-two.
(Subl al-Salam)

Takhrij:
«أخرجه البخاري، فرض الخمس، باب ما منّ النبي صلي الله عليه وسلم علي الأساري من غير أن يخمس، حديث:3139.»©Explanation:
➊ It is established from the action of the Prophet (sallallahu alayhi wa sallam) that it is Sunnah to return a favor, even if the favor is from a disbeliever.
➋ It is even more appropriate to return the favor of a Muslim.
➌ It is also permissible to intercede for someone in a good deed.
And it is Sunnah to accept intercession for a permissible matter.

Benefits and Issues:
➊ This means that one should refrain from remembrance (dhikr) in the state of intercourse and while relieving oneself, etc.; in all other times, remembrance is permitted.
➋ It is established from the ahadith that the Messenger of Allah (sallallahu alayhi wa sallam) used to recite the Qur'an except in the state of major ritual impurity (janabah). Since the tongue is pure, verbal remembrance of Allah (dhikr) can be done at all times.

Benefits and Issues:
Relevance between the Chapter and the Hadith:
Imam Bukhari rahimahullah has presented in the chapter the turning of the face here and there at the time of the call to prayer (adhan). The relevance here appears to be that ablution (wudu) is a condition for prayer, and a person cannot turn his face here and there during prayer because facing the qiblah is a condition in prayer. Therefore, when a person can turn his face here and there during the adhan, it becomes clear that ablution is not a condition for it. As has been narrated from Umm A’ishah radi Allahu anha regarding the action of the Prophet sallallahu alayhi wa sallam, that he used to remember Allah in every state, it is evident that ablution is not a condition for remembering Allah in every state, and giving the adhan is also a form of remembrance (dhikr), and ablution is not a condition for it either.

◈ The narration from Abu Juhaifah that Bilal radi Allahu anhu used to turn his face here and there during the adhan also indicates this same issue. «والله اعلم»

◈ Shah Waliullah rahimahullah says: «غرضه اثبات ان الأذان غير ملحق بالصلاة فى الاحكام ولا يشترط فيه الاستقبال، وبهذا يتحقق المناسبة بين الترجمة والاثار الواردة فيه» [شرح تراجم ابواب البخاري، ص202]
“Imam Bukhari rahimahullah’s intent is to establish that the adhan is not attached to the prayer, nor is there any condition of facing the Ka’bah (Baytullah) in it.”

Therefore, this is the relevance between the chapter heading and the reports that have been mentioned.

◈ Imam Abdullah bin Salim al-Basri rahimahullah says:
«لأن الأذان من جملة الاذكار فلا يشترط فيه ما يشترط فى الصلاة من الطهارة ولا من استقبال القبلة كما لا يستحب فيه الخشوع الذى ينافيه الالتفات» [ضياء الباري فى مالك ابواب البخاري، ج7، ص74]
“The adhan is, in reality, among the acts of remembrance (adhkar), and for its performance, those conditions are not required which are necessary for prayer, such as being in a state of purity (taharah), facing the qiblah, and even having humility (khushu’) in it is not recommended, which would be contrary to turning (the face)—that is, one may turn the face during the adhan.”

“Imam Bukhari rahimahullah’s purpose in the chapter heading is that the mu’adhdhin (caller to prayer) may turn to the right and left. As is mentioned in Sahih Muslim, that I (while giving the adhan) turn my face here and there, that is, to the right and to the left, at «حي على الصلاة» and «حي على الفلاح».”

The conclusion of these clarifications is that when turning (the face) is permissible in the adhan, its ruling is not like that of prayer, because humility and submissiveness are absolutely necessary in prayer. So, when the ruling of the adhan is not like that of prayer, then purity (taharah) is also not a condition for it. From here, the relevance between the chapter heading and the hadith becomes clear.

Hadith Commentary:
Under this chapter, the esteemed Imam (rahimahullah) has shed light on several issues.
For example, it is correct for the muezzin to turn his face to the right and left at the time of saying "Hayya 'ala as-salah" and "Hayya 'ala al-falah," and it is also permissible to insert the fingers into the ears so that the voice is raised.
If someone does not insert his fingers into his ears, there is no harm in that either.
It is better to give the call to prayer (adhan) after performing ablution (wudu), but ablution is not a condition for it. Those who have considered ablution necessary have only adopted the aspect of virtue.

Hadith Commentary:
Imam Bukhari rahimahullah’s intent here is to show that while giving the call to prayer (adhan), it is permissible to turn the face to the right and left; it is not necessary to keep the face directed toward the qiblah as in prayer.

In one narration, the specific time is mentioned when the mu’adhdhin should turn his face, that is, at the moments of saying “Hayya ‘ala al-salah” and “Hayya ‘ala al-falah,” he should turn his face to the right and left.

The heading that Imam Ibn Khuzaymah rahimahullah has established for this narration indicates that instead of turning the entire body, only the face should be turned.

In the narration of Musannaf ‘Abd al-Razzaq, there are two additions:
One is turning the entire body, and the other is inserting the fingers into the ears.

From the narration of Tirmidhi, it is also apparent that instead of only turning the face to the right and left, the entire body was turned, but in some narrations, the turning of the body is negated as well.

A reconciliation has been made between these narrations in such a way that in those narrations where turning is affirmed, what is meant is only turning the face, and in those narrations where turning is negated, what is meant is turning the entire body.

(Fath al-Bari: 2/151)

In any case, Imam Bukhari rahimahullah, by bringing the word “hal” in the chapter heading, has indicated that there is a difference of opinion among the early scholars regarding these issues, and then he has clarified his own inclination through the traditions and narrations.

And Allah knows best.

«باب هل يتتبع المؤذن فاه هاهنا وها هنا، وهل يلتفت فى الأذان»

Chapter: Should the muezzin turn his face to the right and left during the call to prayer (adhan), and is it permissible for him to look around while giving the adhan?

Benefits:

➊ In this chapter, the Imam has discussed three issues: First, whether the muezzin can turn his face to the right and left during the adhan; second, whether the muezzin should put his fingers in his ears while giving the adhan; and third, whether ablution (wudu) is necessary for the adhan. The basis of all these issues is that the adhan is a separate act of worship from the prayer, and it does not have the same restrictions as prayer. For example, for prayer, it is necessary to be in a state of ablution, to face the qiblah, not to look around, not to talk to anyone, to avoid laughing, and to maintain humility and submissiveness, and all these matters are proven by the Qur'an or hadith. However, for the adhan, none of these restrictions are established from the Qur'an or hadith.

➋ The matter of turning and looking to the right and left during the adhan will be discussed under the upcoming hadith.

➌ Regarding putting fingers in the ears during the adhan, the Imam has narrated two reports: one is that it is mentioned from Bilal radi Allahu anhu that he put his fingers in his ears. The second is that Ibn Umar radi Allahu anhuma did not put his fingers in his ears. From this, it is understood that there is flexibility in this matter; whether one puts his fingers in his ears or not, both are correct. However, one point worth noting is that he has narrated the report of Bilal radi Allahu anhu with the words «يُذْكَرُ» ("it is mentioned"), which he generally uses for a narration that has some weakness, whereas he has narrated the report of Ibn Umar radi Allahu anhuma with words that indicate certainty and affirmation. This suggests that, according to him, the practice of Ibn Umar radi Allahu anhuma is preferable, although the other is also permissible. However, Hafiz Ibn Hajar rahimahullah has strengthened it with some reports and evidences, one of which is the hadith of Tirmidhi narrated from Abu Juhaifah radi Allahu anhu that he saw Bilal radi Allahu anhu giving the adhan, turning around and moving his mouth here and there, and his fingers were in his ears. [ترمذي: 197] Tirmidhi has graded it as hasan sahih, and Shaykh al-Albani rahimahullah has graded it as sahih. Hafiz rahimahullah states that there are two benefits to putting the fingers in the ears: one is that it makes the voice louder, and the second is that it is a sign of the adhan; a distant or deaf person, upon seeing it, realizes that the muezzin is giving the adhan. Nowadays, due to loudspeakers, there is little need to put fingers in the ears or to turn right and left, so if these actions are not done, there is no harm.

➍ Regarding giving the adhan in a state of ablution, the Imam has mentioned a statement of Ibrahim al-Nakha'i that there is no harm in giving the adhan without ablution. Another is from Ata' that ablution is a right and a sunnah, but along with this, he has mentioned the hadith narrated from Umm al-Mu'minin Aisha radi Allahu anha that the Prophet sallallahu alayhi wa sallam used to remember Allah in all his times. This shows that he prefers the statement of Ibrahim al-Nakha'i rahimahullah, that ablution is not necessary for the adhan. However, there is no doubt that giving the adhan or remembering Allah in a state of ablution is better than doing so without ablution, because ablution itself is an act of worship.

Benefit:

A part of this narration of Abu Juhaifah radi Allahu anhu has already been mentioned in hadith (187). In this hadith, there is mention of the muezzin turning his mouth here and there. In Sahih Muslim, the narration from Sufyan through Waki' is detailed. Its wording is: «فَجَعَلْتُ أَتَتَبَّعُ فَاهُ هَاهُنَا وَهَاهُنَا - يَقُولُ: يَمِينًا وَشِمَالًا - يَقُولُ: حَيَّ عَلَى الصَّلَاةِ، حَيَّ عَلَى الْفَلَاحِ» [مسلم: 503/249] "So I also began to turn my mouth here and there, that is, to the right and to the left, following his mouth, when he was saying «حَيَّ عَلَى الصَّلَاةِ» and «حَيَّ عَلَي الْفَلَاحِ»." In this, the occasion for turning the mouth during the adhan is also mentioned, that it is at the time of «حَيَّ عَلَى الصَّلَاةِ، حَيَّ عَلَى الْفَلَاحِ», and that only the mouth is to be turned here and there, not the whole body. Ibn Khuzaymah has established a chapter on both these points in his hadith (387). Then, there is a difference of opinion as to whether in «حَيَّ عَلَى الصَّلَاةِ» both times the mouth should be turned to the right, and in «حَيَّ عَلَى الفَلَاحِ» both times to the left, or in both «حَيَّ عَلَى الصَّلَاةِ» and «حَيَّ عَلَي الْفَلَاح» one time to the right and one time to the left. Ibn Battal has stated in [شرح صحيح بخاري]: the first view is closer to the wording of the hadith, whereas in the second view, both phrases get a share of the right and left sides.

It should be noted that the benefit of turning the mouth is when the adhan is being given from a high place and the intention is to make the voice reach far to both the right and left sides. With a loudspeaker, there is no need for this; however, if one turns the mouth to attain the honor of resembling Bilal radi Allahu anhu, it is better. This hadith also clarifies the difference between adhan and prayer: in prayer, it is not permissible to turn the mouth to the right or left, nor is it allowed to look around, whereas in the adhan, Bilal radi Allahu anhu did both these actions.

Here, the issues related to the adhan are concluded; after this, the issues related to congregational prayer will be mentioned.

Benefit:
From this hadith, it is established that disbelievers (kuffar) are impure and foul-smelling people. It is also established that it is correct to refer to disbelievers as foul-smelling. Furthermore, this hadith demonstrates that Mut'im ibn 'Adi had a position of respect with the Noble Prophet (sallallahu alayhi wa sallam); even though he died in a state of disbelief, the Noble Prophet (sallallahu alayhi wa sallam) mentioned him with goodness due to his favor.