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سنن ابن ماجه
Ibn Majah
كتاب العتق
The Chapters on Manumission (of Slaves)
بَابُ : مَنْ أَعْتَقَ عَبْدًا وَاشْتَرَطَ خِدْمَتَهُ
Chapter: Whoever Frees A Slave But Stipulates That He Should Serve Him
Sunan Ibn Majah 2526 — Whoever Frees A Slave But Stipulates That He
حَدَّثَنَا عَبْدُ اللَّهِ بْنُ مُعَاوِيَةَ الْجُمَحِيُّ ، حَدَّثَنَا حَمَّادُ بْنُ سَلَمَةَ ، عَنْ سَعِيدِ بْنِ جُمْهَانَ ، عَنْ سَفِينَةَ أَبِي عَبْدِ الرَّحْمَنِ ، قَالَ : " أَعْتَقَتْنِي أُمُّ سَلَمَةَ وَاشْتَرَطَتْ عَلَيَّ أَنْ أَخْدُمَ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَا عَاشَ " .
´It was narrated from that Safinah - Abu 'Abdur-Rahman-said :` “Umm Salamah freed me but stipulated that I should serve the Prophet (ﷺ) as long he lived.”
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊ Apparently, placing a condition of service contradicts the act of manumission, because manumission means that there remains no restriction of the master upon the freed person. However, in this incident, the condition is such that it is a source of honor for Safinah (radi Allahu anhu).
➋ Placing a condition of performing a righteous deed at the time of manumission does not contradict the act of freeing; rather, it is akin to providing the freed person with an opportunity for virtue.
➌ The one who frees (the slave) cannot stipulate a condition of service for himself, but it is permissible to stipulate a condition of service for a righteous person or a great scholar.
➍ It is possible that what is meant by “condition” here is that a promise was taken from him.
➊ Apparently, placing a condition of service contradicts the act of manumission, because manumission means that there remains no restriction of the master upon the freed person. However, in this incident, the condition is such that it is a source of honor for Safinah (radi Allahu anhu).
➋ Placing a condition of performing a righteous deed at the time of manumission does not contradict the act of freeing; rather, it is akin to providing the freed person with an opportunity for virtue.
➌ The one who frees (the slave) cannot stipulate a condition of service for himself, but it is permissible to stipulate a condition of service for a righteous person or a great scholar.
➍ It is possible that what is meant by “condition” here is that a promise was taken from him.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2526
