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Hadith 816
اُردوEn
وعن عبد الله بن عمر رضي الله تعالى عنهما قال : قال رسول الله صلى الله عليه وآله وسلم : « الولاء لحمة كلحمة النسب لا يباع ولا يوهب ». رواه الحاكم من طريق الشافعي عن محمد بن الحسن عن أبي يوسف وصححه ابن حبان وأعله البيهقي.
Narrated 'Abdullah bin 'Umar (RA): Allah's Messenger (ﷺ) said: "The right to inheritance from a freed slave is a relationship like the relationship of blood relatives (lineage); it cannot be sold or given away." [al-Hakim reported it through ash-Shafi'i's narration from Muhammad bin al-Hasan on the authority of Abu Yusuf. Ibn Hibban graded it Sahih (authentic), while al-Baihaqi graded it defective].
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه الحاكم:4 /341 وسنده ضعيف، محمد بن الحسن الشيباني وأبويوسف القاضي ضعيفان، وابن حبان (الإحسان):7 /220، والبيهقي:10 /292، وللحديث شواهد كثيرة.»©
Explanation:
➊ In this hadith, by giving an analogy of wala with lineage, it has been clarified that it cannot be bought or sold, nor can it be given as a gift, nor can it be dedicated as a vow.
➋ In Arab society, people used to sell it, and also give it as a gift or dedicate it as a vow.
The Messenger of Allah (sallallahu alayhi wa sallam) declared this to be prohibited.
© Hadith Narrator:
«حضرت محمد بن حسن رحمہ اللہ » His kunyah was Abu Abdullah.
His lineage is as follows: Muhammad bin Hasan bin Farqad Shaybani.
He is one of the well-known and renowned Imams of the Hanafis.
He was born in the year 132 AH in the city of Wasit and was raised and nurtured in Kufa.
He acquired the knowledge of hadith.
He met many great scholars.
He remained for several years in the gathering of Imam Abu Hanifah (rahimahullah), then studied jurisprudence (fiqh) under Imam Abu Yusuf (rahimahullah).
He authored many rare books and widely propagated the knowledge of Imam Abu Hanifah (rahimahullah).
He is one of the three scholarly pillars of the Hanafis.
He studied under Imam Malik (rahimahullah) for three years.
Imam Shafi'i (rahimahullah) said about him: "I have not seen anyone as corpulent and good-natured as Muhammad bin Hasan, nor have I found anyone more sincere than him."
In terms of memory, he has been considered weak in hadith.
He passed away in the year 189 AH in the village of Barnabuyah in Rayy.
«امام ابویوسف رحمہ اللہ » This refers to Imam Allamah Qadi Abu Yusuf Ya'qub bin Ibrahim Ansari Kufi.
He is a famous student of Imam Abu Hanifah (rahimahullah) and a reliable jurist of the people of Iraq.
His upbringing was entirely in the pursuit of knowledge.
His father was a poor man.
Imam Abu Hanifah (rahimahullah) used to assist Qadi Abu Yusuf from time to time by giving him one hundred dirhams.
Yahya bin Ma'in (rahimahullah) said: "Among the people of opinion, there is no one more knowledgeable in hadith and more proficient in the discipline than Imam Abu Yusuf."
And Yahya bin Yahya Tamimi said: "I heard Abu Yusuf at the time of his death saying: 'I have retracted all my legal opinions (fatwas) except those that are in accordance with the Book and the Sunnah,' and in another narration, the words are: 'except those fatwas that are in accordance with the Qur'an and upon which there is consensus of the Muslims.'"
He passed away in Rabi' al-Thani, 182 AH, at the age of sixty-nine (69) years.
«أخرجه الحاكم:4 /341 وسنده ضعيف، محمد بن الحسن الشيباني وأبويوسف القاضي ضعيفان، وابن حبان (الإحسان):7 /220، والبيهقي:10 /292، وللحديث شواهد كثيرة.»©
Explanation:
➊ In this hadith, by giving an analogy of wala with lineage, it has been clarified that it cannot be bought or sold, nor can it be given as a gift, nor can it be dedicated as a vow.
➋ In Arab society, people used to sell it, and also give it as a gift or dedicate it as a vow.
The Messenger of Allah (sallallahu alayhi wa sallam) declared this to be prohibited.
© Hadith Narrator:
«حضرت محمد بن حسن رحمہ اللہ » His kunyah was Abu Abdullah.
His lineage is as follows: Muhammad bin Hasan bin Farqad Shaybani.
He is one of the well-known and renowned Imams of the Hanafis.
He was born in the year 132 AH in the city of Wasit and was raised and nurtured in Kufa.
He acquired the knowledge of hadith.
He met many great scholars.
He remained for several years in the gathering of Imam Abu Hanifah (rahimahullah), then studied jurisprudence (fiqh) under Imam Abu Yusuf (rahimahullah).
He authored many rare books and widely propagated the knowledge of Imam Abu Hanifah (rahimahullah).
He is one of the three scholarly pillars of the Hanafis.
He studied under Imam Malik (rahimahullah) for three years.
Imam Shafi'i (rahimahullah) said about him: "I have not seen anyone as corpulent and good-natured as Muhammad bin Hasan, nor have I found anyone more sincere than him."
In terms of memory, he has been considered weak in hadith.
He passed away in the year 189 AH in the village of Barnabuyah in Rayy.
«امام ابویوسف رحمہ اللہ » This refers to Imam Allamah Qadi Abu Yusuf Ya'qub bin Ibrahim Ansari Kufi.
He is a famous student of Imam Abu Hanifah (rahimahullah) and a reliable jurist of the people of Iraq.
His upbringing was entirely in the pursuit of knowledge.
His father was a poor man.
Imam Abu Hanifah (rahimahullah) used to assist Qadi Abu Yusuf from time to time by giving him one hundred dirhams.
Yahya bin Ma'in (rahimahullah) said: "Among the people of opinion, there is no one more knowledgeable in hadith and more proficient in the discipline than Imam Abu Yusuf."
And Yahya bin Yahya Tamimi said: "I heard Abu Yusuf at the time of his death saying: 'I have retracted all my legal opinions (fatwas) except those that are in accordance with the Book and the Sunnah,' and in another narration, the words are: 'except those fatwas that are in accordance with the Qur'an and upon which there is consensus of the Muslims.'"
He passed away in Rabi' al-Thani, 182 AH, at the age of sixty-nine (69) years.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 816
