Hadith 658
اُردوEn
وعن ابن عمر رضي الله عنهما قال: نهى عمر عن بيع أمهات الأولاد ، فقال: لا تباع ، ولا توهب ، ولاتورث ، يستمتع بها ما بدا له ، فإذا مات فهي حرة. رواه البيهقي ومالك ، وقال: رفعه بعض الرواة فوهم.
Narrated Ibn 'Umar (RA): 'Umar (RA) forbade the sale of the slave-women who have given birth to children (of their owners). He said, "She is not to be sold, bestowed as a gift or inherited. He (the owner) enjoys her as long as he lives and when he dies, she becomes free." [Reported by Malik an al-Baihaqi. He said: Some of the narrators have attributed it to the Prophet (ﷺ) mistakenly].
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه مالك في الموطأ:2 /776، والبيهقي:10 /342، 343.»©Explanation:
➊ The singular of "Ummahat al-Awlad" is "Umm Walad." This refers to a slave woman who gives birth to her master's child. As long as the master is alive, she remains his slave, and he may benefit from her in every way. However, when he dies, she becomes free automatically. The master's children have no right over her whatsoever.
➋ When a slave woman gives birth to her master's child, can she be sold or not? There is a difference of opinion among the scholars on this matter. However, the majority of scholars hold the view that the buying and selling of an Umm Walad is forbidden, whether the child is alive or not. But according to Imam Dawud al-Zahiri, it is permissible. Furthermore, from the narration of Jabir radi Allahu anhu, it is also understood that they used to buy and sell them. The prohibition order of Umar radi Allahu anhu supports the prohibition of sale. It is possible that the statement of Jabir radi Allahu anhu refers to a time before the prohibition order was issued. And Allah knows best.
➌ There is a difference of opinion regarding whether this narration of Ibn Umar radi Allahu anhuma is marfu‘ (attributed directly to the Prophet sallallahu alayhi wa sallam). According to the methodology of the hadith scholars, this hadith can be considered marfu‘ in the sense that there is no room for personal reasoning (ijtihad) in it. Generally, the noble Companions radi Allahu anhum accepted this decision of Umar radi Allahu anhu, and this is also the position of the majority.
«أخرجه مالك في الموطأ:2 /776، والبيهقي:10 /342، 343.»©Explanation:
➊ The singular of "Ummahat al-Awlad" is "Umm Walad." This refers to a slave woman who gives birth to her master's child. As long as the master is alive, she remains his slave, and he may benefit from her in every way. However, when he dies, she becomes free automatically. The master's children have no right over her whatsoever.
➋ When a slave woman gives birth to her master's child, can she be sold or not? There is a difference of opinion among the scholars on this matter. However, the majority of scholars hold the view that the buying and selling of an Umm Walad is forbidden, whether the child is alive or not. But according to Imam Dawud al-Zahiri, it is permissible. Furthermore, from the narration of Jabir radi Allahu anhu, it is also understood that they used to buy and sell them. The prohibition order of Umar radi Allahu anhu supports the prohibition of sale. It is possible that the statement of Jabir radi Allahu anhu refers to a time before the prohibition order was issued. And Allah knows best.
➌ There is a difference of opinion regarding whether this narration of Ibn Umar radi Allahu anhuma is marfu‘ (attributed directly to the Prophet sallallahu alayhi wa sallam). According to the methodology of the hadith scholars, this hadith can be considered marfu‘ in the sense that there is no room for personal reasoning (ijtihad) in it. Generally, the noble Companions radi Allahu anhum accepted this decision of Umar radi Allahu anhu, and this is also the position of the majority.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 658
