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مسند اسحاق بن راهويه
Musnad Ishaq
كتاب العتق و المكاتبBook of Emancipation and Contracted Slaves
If both husband and wife are slaves and one is freed, their options
Hadith 481
اُردوEn
اَخْبَرَنَا الثَّقَفِیُّ، نَا اَیُّوْبُ، عَنْ عِکْرِمَةَ، عَنِ ابْنِ عَبَّاسٍ قَالَ: کَانَ زَوْجُ بَرِیْرَةَ عَبْدًا اَسْوَدَ، یُقَالُ لَهٗ مُغِیْثٌ، کَأَنِّیْ اَنْظُرُ اِلَیْهِ یَطُوْفُ وَرَاءَهَا فِیْ سِکَکِ الْمَدِیْنَةِ.
Syedna Ibn Abbas (may Allah be pleased with them both) narrated: Barirah’s husband was an Abyssinian slave, his name was Mughith. It is as if I am seeing him circling behind her (Barirah, may Allah be pleased with her) in the streets of Madinah.
Explanation & Benefits
Hafiz Abdush Shakoor Tirmidhi
Benefits:
Sayyidah Barirah radi Allahu anha and her husband were both slaves. Sayyidah Barirah radi Allahu anha’s husband, Mughith radi Allahu anhu, loved his wife very much. This was because Barirah radi Allahu anha was beautiful, and Sayyiduna Mughith radi Allahu anhu was dark-skinned, while Sayyidah Barirah radi Allahu anha did not like Sayyiduna Mughith radi Allahu anhu. The legal principle is that when both are slaves and the woman is freed first, then the woman has the choice whether she wishes to remain with her husband or not. But if the husband is freed, does the woman still have this choice or not? The majority (jumhur) say that in such a case, the woman does not have the choice, because the reason for the option was the lack of equivalence due to slavery, which is no longer present. However, the Hanafis (Ahnaf) say that she still retains the choice. From the hadith of Barirah, several rulings regarding slaves become clear. (Nayl al-Awtar: 4/235. Al-Mughni: 9/453)
Sayyidah Barirah radi Allahu anha and her husband were both slaves. Sayyidah Barirah radi Allahu anha’s husband, Mughith radi Allahu anhu, loved his wife very much. This was because Barirah radi Allahu anha was beautiful, and Sayyiduna Mughith radi Allahu anhu was dark-skinned, while Sayyidah Barirah radi Allahu anha did not like Sayyiduna Mughith radi Allahu anhu. The legal principle is that when both are slaves and the woman is freed first, then the woman has the choice whether she wishes to remain with her husband or not. But if the husband is freed, does the woman still have this choice or not? The majority (jumhur) say that in such a case, the woman does not have the choice, because the reason for the option was the lack of equivalence due to slavery, which is no longer present. However, the Hanafis (Ahnaf) say that she still retains the choice. From the hadith of Barirah, several rulings regarding slaves become clear. (Nayl al-Awtar: 4/235. Al-Mughni: 9/453)
Source: Musnad Ishaq bin Rahwayh, Page: 481
