صحيح مسلم
Muslim
كتاب العتقThe Book of Emancipating Slaves
باب النَّهْيِ عَنْ بَيْعِ الْوَلاَءِ وَهِبَتِهِ:Chapter: The prohibition of selling or giving away the wala'
Hadith 1506
حَدَّثَنَا يَحْيَي بْنُ يَحْيَي التَّمِيمِيُّ ، أَخْبَرَنَا سُلَيْمَانُ بْنُ بِلَالٍ ، عَنْ عَبْدِ اللَّهِ بْنِ دِينَارٍ ، عَنْ ابْنِ عُمَرَ : أَنّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " نَهَى عَنْ بَيْعِ الْوَلَاءِ وَعَنْ هِبَتِهِ " ، قَالَ مُسْلِم : النَّاسُ كُلُّهُمْ عِيَالٌ عَلَى عَبْدِ اللَّهِ بْنِ دِينَارٍ ، فِي هَذَا الْحَدِيثِ .
Ibn 'Umar (RA) reported that Allah's Messenger (may peace he upon him) forbade the selling and making a gift of the right of inheritance of a slave. Imam Muslim said: All the persons depend upon'Abdullah bin Dinar in regard to this hadith.
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حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ ، وَزُهَيْرُ بْنُ حَرْبٍ ، قَالَا : حَدَّثَنَا ابْنُ عُيَيْنَةَ . ح وحَدَّثَنَا يَحْيَي بْنُ أَيُّوبَ ، وَقُتَيْبَةُ ، وَابْنُ حُجْرٍ ، قَالُوا : حَدَّثَنَا إِسْمَاعِيلُ بْنُ جَعْفَرٍ . ح وحَدَّثَنَا ابْنُ نُمَيْرٍ ، حَدَّثَنَا أَبِي ، حَدَّثَنَا سُفْيَانُ بْنُ سَعِيدٍ . ح وحَدَّثَنَا ابْنُ الْمُثَنَّى ، حَدَّثَنَا مُحَمَّدُ بْنُ جَعْفَرٍ ، حَدَّثَنَا شُعْبَةُ . ح وحَدَّثَنَا ابْنُ الْمُثَنَّى ، قَالَ : حَدَّثَنَا عَبْدُ الْوَهَّابِ ، حَدَّثَنَا عُبَيْدُ اللَّهِ . ح وحَدَّثَنَا ابْنُ رَافِعٍ ، حَدَّثَنَا ابْنُ أَبِي فُدَيْكٍ ، أَخْبَرَنَا الضَّحَّاكُ يَعْنِي ابْنَ عُثْمَانَ ، كُلُّ هَؤُلَاءِ عَنْ عَبْدِ اللَّهِ بْنِ دِينَارٍ ، عَنْ ابْنِ عُمَرَ ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، بِمِثْلِهِ غَيْرَ أَنَّ الثَّقَفِيَّ لَيْسَ فِي حَدِيثِهِ ، عَنْ عُبَيْدِ اللَّهِ : إِلَّا الْبَيْعُ ، وَلَمْ يَذْكُرِ الْهِبَةَ .
This hadith has been narrated on the authority of Ibn 'Umar (RA) through another chain of transmitters but with this change that in tbe hadith narrated by al-Thaqafi from Ubaidullah there is only a mention of selling (or right of inheritance, al-Wala') but not that of making a gift.
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Related hadith on this topic
Explanation & Benefits
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary:
Vocabulary of the Hadith:
Wala’:
The letter waw has a fatha (zabar) on it.
It refers to the relationship of emancipation,
on the basis of which the emancipator becomes the heir of the one whom he sets free.
Just as the change of lineage (nasab, family) is not possible under any circumstances,
the same ruling applies to wala’.
Benefits and Issues:
On this issue, the scholars are now in agreement that, according to the customs of the pre-Islamic era of ignorance (jahiliyyah), or by acting upon them, it is not permissible to buy, sell, or gift wala’.
And as for what is transmitted from some of the Companions (radi Allahu anhum) to the contrary, the reason for that is that this narration had not reached them.
And this narration is, in general, narrated from Ibn Umar (radi Allahu anhuma) only through the chain of Abdullah bin Dinar (rahimahullah).
Although in Sahih Ibn ‘Awanah (rahimahullah) and the trustworthy narrators of Ibn Hibban (rahimahullah), Nafi‘ is also included along with Abdullah bin Dinar (rahimahullah).
Vocabulary of the Hadith:
Wala’:
The letter waw has a fatha (zabar) on it.
It refers to the relationship of emancipation,
on the basis of which the emancipator becomes the heir of the one whom he sets free.
Just as the change of lineage (nasab, family) is not possible under any circumstances,
the same ruling applies to wala’.
Benefits and Issues:
On this issue, the scholars are now in agreement that, according to the customs of the pre-Islamic era of ignorance (jahiliyyah), or by acting upon them, it is not permissible to buy, sell, or gift wala’.
And as for what is transmitted from some of the Companions (radi Allahu anhum) to the contrary, the reason for that is that this narration had not reached them.
And this narration is, in general, narrated from Ibn Umar (radi Allahu anhuma) only through the chain of Abdullah bin Dinar (rahimahullah).
Although in Sahih Ibn ‘Awanah (rahimahullah) and the trustworthy narrators of Ibn Hibban (rahimahullah), Nafi‘ is also included along with Abdullah bin Dinar (rahimahullah).
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 3788
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
Since possession and delivery are fundamental conditions in buying, selling, and gifting, which are not possible in the case of wala, therefore the Shariah has declared it impermissible. Wala is like lineage (nasab). Just as the buying and selling of lineage is forbidden, similarly, the buying and selling of wala is also impermissible.
(2)
As for the permissibility of gifting wala that is mentioned from some of the noble Companions (radi Allahu anhum), the reconciliation between that and the aforementioned hadith is that they were likely unaware of the narration that prohibits it. (Fath al-Bari: 12/54) In any case, this relationship is non-transferable and cannot be bought or sold. And Allah knows best.
(1)
Since possession and delivery are fundamental conditions in buying, selling, and gifting, which are not possible in the case of wala, therefore the Shariah has declared it impermissible. Wala is like lineage (nasab). Just as the buying and selling of lineage is forbidden, similarly, the buying and selling of wala is also impermissible.
(2)
As for the permissibility of gifting wala that is mentioned from some of the noble Companions (radi Allahu anhum), the reconciliation between that and the aforementioned hadith is that they were likely unaware of the narration that prohibits it. (Fath al-Bari: 12/54) In any case, this relationship is non-transferable and cannot be bought or sold. And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6756
Maulana Dawood Raz
Hadith Commentary:
Because walā’ is a right that the emancipator has over the slave whom he has set free.
The sale of such rights is not permissible.
It is not known whether, at the time of death, this slave possessed any wealth or not.
Because walā’ is a right that the emancipator has over the slave whom he has set free.
The sale of such rights is not permissible.
It is not known whether, at the time of death, this slave possessed any wealth or not.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2535
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
Wala’ refers to the relationship established between a freed slave and the one who set him free.
When the freed slave passes away, will his heir be the one who freed him or his other heirs? In the pre-Islamic era of ignorance, people considered it permissible to sell or gift this relationship to someone else.
The Messenger of Allah (sallallahu alayhi wa sallam) forbade this, because wala’ is like lineage, which can never be nullified in any way; there is no disagreement regarding this matter.
Wala’ refers to the relationship established between a freed slave and the one who set him free.
When the freed slave passes away, will his heir be the one who freed him or his other heirs? In the pre-Islamic era of ignorance, people considered it permissible to sell or gift this relationship to someone else.
The Messenger of Allah (sallallahu alayhi wa sallam) forbade this, because wala’ is like lineage, which can never be nullified in any way; there is no disagreement regarding this matter.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2535
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
Wala’ refers to the right of inheritance that accrues to the emancipator from the freed slave.
2:
The Arabs used to sell or gift the wala’ even before the death of the freed person. So the Messenger of Allah (sallallahu alayhi wa sallam) prohibited this, so that the wala’ would go to the heirs of the emancipator, or if he himself is alive, he would receive it himself. Therefore, it is not permissible to sell or gift such a slave; this is the position of the majority of the scholars, both from the early and later generations.
2:
The Arabs used to sell or gift the wala’ even before the death of the freed person. So the Messenger of Allah (sallallahu alayhi wa sallam) prohibited this, so that the wala’ would go to the heirs of the emancipator, or if he himself is alive, he would receive it himself. Therefore, it is not permissible to sell or gift such a slave; this is the position of the majority of the scholars, both from the early and later generations.
1:
Wala’ refers to the right of inheritance that accrues to the emancipator from the freed slave.
2:
The Arabs used to sell or gift the wala’ even before the death of the freed person. So the Messenger of Allah (sallallahu alayhi wa sallam) prohibited this, so that the wala’ would go to the heirs of the emancipator, or if he himself is alive, he would receive it himself. Therefore, it is not permissible to sell or gift such a slave; this is the position of the majority of the scholars, both from the early and later generations.
2:
The Arabs used to sell or gift the wala’ even before the death of the freed person. So the Messenger of Allah (sallallahu alayhi wa sallam) prohibited this, so that the wala’ would go to the heirs of the emancipator, or if he himself is alive, he would receive it himself. Therefore, it is not permissible to sell or gift such a slave; this is the position of the majority of the scholars, both from the early and later generations.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1236
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
That is, the chain of narration through Abdullah ibn Dinar in place of Nafi‘ is authentic.
1:
That is, the chain of narration through Abdullah ibn Dinar in place of Nafi‘ is authentic.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 2126
Shaykh Umar Farooq Saeedi
Benefits and Issues:
It is stated in Sahih Ibn Hibban that the kinship of wala’ is just like the kinship of lineage; it cannot be sold or given as a gift (Sahih Ibn Hibban, Ibn Balban, al-Bay‘ al-Manhi ‘anhu, Hadith: 4950). Also, see the previous chapter 12.
It is stated in Sahih Ibn Hibban that the kinship of wala’ is just like the kinship of lineage; it cannot be sold or given as a gift (Sahih Ibn Hibban, Ibn Balban, al-Bay‘ al-Manhi ‘anhu, Hadith: 4950). Also, see the previous chapter 12.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2919
Hafiz Muhammad Ameen
“‘Wala’ is the relationship and bond that is established between the emancipator and the freed slave upon emancipation. It is evident that relationships and bonds can neither be sold nor given as a gift. At times, due to this bond, the emancipator also becomes entitled to inherit from the freed slave. For this reason, ignorant people used to sell this bond, saying: ‘You may take the inheritance, just give me such-and-such amount immediately.’ The Shari‘ah has prohibited this materialism, for relationships are not something to be sold or given as a gift.”
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4661
Maulana Ataullah Sajid
Benefits and Issues:
(1)
The relationship that exists between the emancipator and the emancipated is called "wala’."
As a result of this, certain specific rights are acquired, for example:
If the emancipated person has no heirs, then the emancipator becomes his heir.
And the emancipated person is considered a member of the emancipator’s tribe.
(2)
The relationship of wala’ is non-transferable.
It can neither be bought nor sold, nor can it be given to anyone without compensation.
(1)
The relationship that exists between the emancipator and the emancipated is called "wala’."
As a result of this, certain specific rights are acquired, for example:
If the emancipated person has no heirs, then the emancipator becomes his heir.
And the emancipated person is considered a member of the emancipator’s tribe.
(2)
The relationship of wala’ is non-transferable.
It can neither be bought nor sold, nor can it be given to anyone without compensation.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2748
Hafiz Zubair Ali Zai
Takhrij al-Hadith: [وأخرجه النسائي 306/7 ح 4662، من حديث مالك به ورواه البخاري 2535، ومسلم 1506، من حديث عبدالله بن دينار به]
Jurisprudential Explanation:
➊ Whoever frees a slave becomes his wali (guardian/heir), and the slave is attributed to him. This is called the bond of wala (righteous allegiance).
➋ It is not permissible to sell the bond of wala; therefore, the slave remains the mawla (client) of the one who freed him.
Jurisprudential Explanation:
➊ Whoever frees a slave becomes his wali (guardian/heir), and the slave is attributed to him. This is called the bond of wala (righteous allegiance).
➋ It is not permissible to sell the bond of wala; therefore, the slave remains the mawla (client) of the one who freed him.
Source: Muwatta Imam Malik (Narration of Ibn al-Qasim): Commentary by Zubair Ali Zai, Page: 289
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه البخاري، الفرائض، باب إثم من تبرأ من مواليه، حديث:6756، ومسلم، العتق، باب النهي عن بيع الولاء وهبة، حديث:1506.»©Explanation:
➊ This hadith prohibits the selling and gifting of wala’.
➋ Wala’ refers to the right of inheritance that accrues to the emancipator from the freed slave.
➌ The Arabs used to sell or gift the wala’ of a slave even before the death of the emancipator.
The Messenger of Allah (sallallahu alayhi wa sallam) forbade this so that the wala’ would go to the heirs of the emancipator, or if he himself is alive, he would receive it himself. Therefore, it is not permissible to sell or gift the wala’ of such a slave.
This is the position of the majority of the scholars among the predecessors and successors.
«أخرجه البخاري، الفرائض، باب إثم من تبرأ من مواليه، حديث:6756، ومسلم، العتق، باب النهي عن بيع الولاء وهبة، حديث:1506.»©Explanation:
➊ This hadith prohibits the selling and gifting of wala’.
➋ Wala’ refers to the right of inheritance that accrues to the emancipator from the freed slave.
➌ The Arabs used to sell or gift the wala’ of a slave even before the death of the emancipator.
The Messenger of Allah (sallallahu alayhi wa sallam) forbade this so that the wala’ would go to the heirs of the emancipator, or if he himself is alive, he would receive it himself. Therefore, it is not permissible to sell or gift the wala’ of such a slave.
This is the position of the majority of the scholars among the predecessors and successors.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 663
