سنن ابن ماجه
Ibn Majah
كتاب التجاراتThe Chapters on Business Transactions
بَابُ : النَّهْيِ عَنِ التَّفْرِيقِ بَيْنَ السَّبْيِChapter: Prohibition Of Seperating Caprives
Hadith 2249
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ يَحْيَى ، حَدَّثَنَا عَفَّانُ ، عَنْ حَمَّادٍ ، أَنْبَأَنَا الْحَجَّاجُ ، عَنْ الْحَكَمِ ، عَنْ مَيْمُونِ بْنِ أَبِي شَبِيبٍ ، عَنْ عَلِيٍّ ، قَالَ : وَهَبَ لِي رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ غُلَامَيْنِ أَخَوَيْنِ فَبِعْتُ أَحَدَهُمَا ، فَقَالَ : " مَا فَعَلَ الْغُلَامَانِ ؟ " ، قُلْتُ : بِعْتُ أَحَدَهُمَا ، قَالَ : " رُدَّهُ " .
´It was narrated that 'Ali said:` "The Messenger of Allah (ﷺ) gave me two slaves who were brothers, and I sold one of them. He said: 'What happened with the two slaves?' I said: 'I sold one of them.' He said: 'Take him back."'
Related hadith on this topic
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Commentary:
Note:
(Maymun did not meet Ali radi Allahu anhu, but this issue is established from the previous hadith and other evidences.)
Note:
(Maymun did not meet Ali radi Allahu anhu, but this issue is established from the previous hadith and other evidences.)
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1284
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه الترمذي، البيوع، باب ما جاء في كراهية الفرق بين الأخوين، حديث:1284، وابن ماجه، التجارات، حديث:2249، وأحمد:1 /97، 126، والحاكم:2 /55.* وقال أبوداود، حديث"2696 "ميمون لم يدرك عليًا".»©Explanation:
➊ The aforementioned narration has been declared weak in its chain (sanad) by our esteemed researcher, whereas other scholars have graded it as authentic (sahih) or sound (hasan). The researchers of Musnad Ahmad have classified it as hasan li-ghayrihi (sound due to supporting narrations). Therefore, despite the narration being weak in its chain, it is actionable and authoritative due to other supporting evidences and corroborations. For further details, see: (al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 2/155).
➋ The previous hadith indicates the prohibition of separating a mother and her child, whether that separation occurs through sale, gift, or by means of deception or any other form.
➌ The word "mother" also includes the "father," meaning that separation should not occur from the mother nor from the father. And this hadith indicates the prohibition of separation and division between siblings, and by analogy (qiyas), other close relatives (dhawi al-arham) have also been included with them. However, Imam al-Shawkani rahimahullah is of the opinion that including other close relatives (dhawi al-arham) in this ruling is questionable, because the hardship and distress caused by their separation is not the same as that which results from separating a mother and child or between brothers. Therefore, due to the clear difference between the two, one should not combine one with the other, and should restrict oneself to the explicit text.
➍ It should also be known that the prohibition of separation is specific to a young child. When is separation of an older child permissible? There is a difference of opinion on this. According to the evidence, the preferred view is that when a boy or girl reaches puberty (bulugh), then separation is not prohibited.
«أخرجه الترمذي، البيوع، باب ما جاء في كراهية الفرق بين الأخوين، حديث:1284، وابن ماجه، التجارات، حديث:2249، وأحمد:1 /97، 126، والحاكم:2 /55.* وقال أبوداود، حديث"2696 "ميمون لم يدرك عليًا".»©Explanation:
➊ The aforementioned narration has been declared weak in its chain (sanad) by our esteemed researcher, whereas other scholars have graded it as authentic (sahih) or sound (hasan). The researchers of Musnad Ahmad have classified it as hasan li-ghayrihi (sound due to supporting narrations). Therefore, despite the narration being weak in its chain, it is actionable and authoritative due to other supporting evidences and corroborations. For further details, see: (al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 2/155).
➋ The previous hadith indicates the prohibition of separating a mother and her child, whether that separation occurs through sale, gift, or by means of deception or any other form.
➌ The word "mother" also includes the "father," meaning that separation should not occur from the mother nor from the father. And this hadith indicates the prohibition of separation and division between siblings, and by analogy (qiyas), other close relatives (dhawi al-arham) have also been included with them. However, Imam al-Shawkani rahimahullah is of the opinion that including other close relatives (dhawi al-arham) in this ruling is questionable, because the hardship and distress caused by their separation is not the same as that which results from separating a mother and child or between brothers. Therefore, due to the clear difference between the two, one should not combine one with the other, and should restrict oneself to the explicit text.
➍ It should also be known that the prohibition of separation is specific to a young child. When is separation of an older child permissible? There is a difference of opinion on this. According to the evidence, the preferred view is that when a boy or girl reaches puberty (bulugh), then separation is not prohibited.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 678
