Ibn Majah

Benefits and Issues:

➊
Regarding the amount for the contract of emancipation (mukatabah) of Barirah (radi Allahu anha), it was agreed that it would be paid in installments, and one uqiyyah would be paid each year. (Sahih al-Bukhari, Al-Buyu’, Chapter: Stipulating Conditions in Sales That Are Not Permissible, Hadith: 2167)

➋
The Messenger of Allah (sallallahu alayhi wa sallam) instructed Aisha (radi Allahu anha) to accept their invalid conditions so that they would not refuse to set her free.

➌
Even if both parties agree to a condition that is contrary to the Shariah, it remains legally null and void.

➍
By “the Book of Allah” is meant the ruling revealed by Allah, whether it is mentioned in the Noble Qur’an or the Messenger of Allah (sallallahu alayhi wa sallam) has stated it on the basis of revelation apart from the Qur’an.

➎
The Messenger of Allah (sallallahu alayhi wa sallam) had already stated this ruling before, so on the basis of this ruling, he declared their stipulated condition to be null and void.

➏
Important issues should be mentioned in sermons and admonitions so that all people become aware of them.

➐
The Messenger of Allah (sallallahu alayhi wa sallam) pointed out the mistake but did not mention the name of the one who made the mistake, so that all those present would know that this action is wrong, and the one who made the mistake would not be disgraced or humiliated.

➑
Wala’ is the name of a relationship that is established between the one who sets free and the one who is freed; because of this, the freed person is considered a member of the emancipator’s family.
If the freed slave dies and has no blood relative as an heir, his estate goes to the one who set him free.

➒
If the emancipator dies, the freed slave does not inherit from him, because in the hadith under discussion it is stated: “Wala’ belongs to the one who sets free.”
And Allah knows best.

Hadith Commentary:
➊
Barirah radi Allahu anha was a slave woman from one of the Ansar tribes, and she used to come and go at the house of Aishah radi Allahu anha; in fact, in her free time, she would serve her.
As is evident from the incident of Ifk.
Barirah radi Allahu anha entered into a written contract of emancipation (mukatabah) with her owners for the payment of nine uqiyah of silver.
(Sahih al-Bukhari, al-Mukatab, Hadith: 2563)
Of these, she paid four uqiyah in a lump sum, and the remaining five uqiyah were to be paid over five years, one uqiyah per year.
(Sahih al-Bukhari, al-Mukatab, Hadith: 2560)
Imam Bukhari rahimahullah wants to establish from this hadith that it is permissible to teach the rulings of buying and selling from the pulpit in the mosque; it is absolutely not intended to establish the permissibility of conducting a sale contract in the mosque, as Shah Waliullah Muhaddith Dehlawi rahimahullah has explained in Sharh Tarajim Bukhari. However, in this narration, there is absolutely no mention of buying and selling among the matters that the Messenger of Allah sallallahu alayhi wa sallam mentioned from the pulpit, because the statements of the Messenger of Allah sallallahu alayhi wa sallam from the pulpit were made after the case of buying, selling, emancipation, and wala’ (allegiance).
The Messenger of Allah sallallahu alayhi wa sallam, by referring to this previous incident from the pulpit, clarified the issue; therefore, referring to this incident from the pulpit is tantamount to narrating it from the pulpit.

➋
At the end of the hadith, Imam Bukhari rahimahullah has indicated towards its multiple chains of transmission.
In reality, the teacher of Imam Bukhari rahimahullah, Ali ibn Abdullah al-Madini rahimahullah, narrates this report from his four teachers:
Sufyan ibn Uyaynah, Yahya ibn Sa’id al-Qattan, Abdulwahhab ibn Abdulmajid, and Ja’far ibn ‘Awn.
These individuals narrate from their teacher Yahya ibn Sa’id al-Ansari. Furthermore, in this context, Imam Bukhari rahimahullah has also referenced the route of Imam Malik rahimahullah, which is mursal (with a missing link) and does not mention the Messenger of Allah sallallahu alayhi wa sallam ascending the pulpit.
Imam Bukhari rahimahullah has also narrated this route with a connected chain (mawsul) later on.
(Sahih al-Bukhari, al-Mukatab, Hadith: 2564)
The chains of Yahya ibn Sa’id al-Qattan and Abdulwahhab ibn Abdulmajid are also mursal like that of Imam Malik rahimahullah and do not mention the pulpit.
The chain of Ja’far ibn ‘Awn is mentioned because it explicitly states the hearing (sama‘) of Yahya ibn Sa’id al-Ansari from ‘Umrah, and also clarifies the hearing of ‘Umrah from Aishah radi Allahu anha.
Since the connected narration of Sufyan ibn Uyaynah contains the mention of the pulpit, it was taken as the principal text, and the rest of the chains were cited as supporting references.
(Fath al-Bari: 1/713)
Note:
Other discussions related to this hadith will be mentioned in the Book of al-Mukatab, insha Allah ta‘ala.

Hadith Commentary:
The purpose of the chapter is to show that it is prohibited to stipulate an invalid condition in wala’ (the bond of allegiance with a freed slave) for which there is no evidence in the Book of Allah.
However, permissible conditions mutually agreed upon by both parties will be accepted.
In this narration, there is mention of nine uqiyah (a unit of weight).
In another narration, five are mentioned. This has been reconciled by suggesting that perhaps the transaction was for nine uqiyah and five remained, for which Barirah (radi Allahu anha) had to come to Aisha (radi Allahu anha). It is also possible that the mention of nine was a mistake by the narrator and five is correct.
Preference seems to be given to the first opinion based on the narrations, as is detailed in Fath al-Bari.

Hadith Commentary:
(1)
Wala is a right that the emancipator has over his freed slave or slave-girl.
If the freed person dies, the emancipator is also one of his heirs.
The Arabs used to sell this right or give it as a gift.
The Messenger of Allah (sallallahu alayhi wa sallam) forbade this.
(2)
According to this hadith, it is prohibited to stipulate an invalid condition in wala that has no basis in the Book of Allah; permissible conditions mutually agreed upon by both parties will be accepted. Thus, the owners of Barirah (radi Allahu anha) stipulated the condition of wala for themselves. The Messenger of Allah (sallallahu alayhi wa sallam) said to Aisha (radi Allahu anha):
You may accept the condition of wala from them, but clarified that wala belongs only to the one who emancipates. An invalid condition holds no weight.

Hadith Commentary:
The mention of nine uqiyah is an error on the part of the narrator.
The correct version is that the transaction was for five uqiyah.
It is possible that initially nine were mentioned, and the narrator transmitted that.
This subject has already been discussed in detail previously.
Hafiz Sahib states:
“And it is possible to reconcile by saying that nine was the original amount, and five remained due upon her, and this is the view upon which Qurtubi and Muhibb al-Tabari have decisively settled.”
That is, reconciliation is possible in such a way that the transaction was originally for nine, and five remained outstanding. Qurtubi and Muhibb al-Tabari have affirmed this reconciliation.

Hadith Commentary:
(1)
Since a mukatab is a slave whose humanity is incomplete, it is permissible for him to strive and make efforts to attain this humanity. For this purpose, he may appeal to people to cooperate with him so that he may free his neck from slavery.
His neediness is greater than that of a hungry person.
Sometimes, the amount he has accumulated is insufficient for the price of his manumission (kitabah), so he may also ask by way of begging.
Hafiz Ibn Hajar rahimahullah has written that the conjunction of "asking" (su'al) with "seeking assistance" (isti'anat) is the conjunction of the specific with the general. Lady Barirah radi Allahu anha asked Lady Aishah radi Allahu anha.
The Messenger of Allah sallallahu alayhi wa sallam maintained this type of asking.
If it had been impermissible, he would have clarified it.
(Fath al-Bari: 5/236)
(2)
In this hadith, nine uqiyah of silver are mentioned, whereas previously five uqiyah of silver were mentioned.
Hafiz Ibn Hajar rahimahullah has written that originally the transaction was for nine.
When only five uqiyah of silver remained, Barirah radi Allahu anha came to Lady Aishah radi Allahu anha to seek her cooperation.
And Allah knows best.

Explanation: 1:

An-Nasa’i has explicitly stated in his Sunan that the last phrase in the hadith is interpolated (mudraj); this is the statement of ‘Urwah. Abu Dawud has also clarified this point.

Commentary:
Explanation: 1:
The predominant narration is that Barirah’s husband was a slave, and his name was Mughith. The word “ḥurran” (free man) is an error, as mentioned previously.

Note:

«Al-Maḥfūẓ:
“The correct narration is: ‘Her husband was a slave.’ The word ‘ḥurran’ (free man), according to Bukhari, is an error.” In the hadith, Barirah’s husband is referred to as “ḥurran,” meaning he was not a slave but a free man. Therefore, this is an anomalous (shādh) word, and the preserved and established narration is “ʿabdan” (slave), meaning Barirah’s husband, Mughith, was a slave.

Benefits and Issues:
Shaykh al-Albani rahimahullah says that the last sentence in the hadith: "If the husband were free..."
...
...
...
is interpolated (mudraj), which is the statement of ‘Urwah.
(Sahih Sunan Abi Dawud by al-Albani, Hadith: 2233) However, the nature of the issue remains that if the husband is free, then the slave woman will not have the right of option (khiyar).

Benefits and Issues:
This narration is weak; from it, the issue is not established that if a slave woman, after being freed, establishes marital relations with her husband, then her right of choice will be terminated.

Benefit:
Allamah al-Albani rahimahullah writes regarding this that it is not correct in this hadith that her husband was free.
Most likely, for this reason, our esteemed researcher has declared it weak, whereas other scholars have considered the rest of the narration, except for this portion, to be authentic.
The correct view is that he was a slave, as is mentioned in the next two hadiths (2075, 2076).

Benefit:
It is established from this hadith that an invalid condition will not be accepted, and a sale conducted upon an invalid condition will not be valid. "Wala" refers to the relationship and connection that exists between the master and the slave, and the one who frees the slave alone is entitled to this relationship. This hadith contains numerous benefits; some hadith scholars have even written independent books in its explanation.