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مسند اسحاق بن راهويه
Musnad Ishaq
كتاب العتق و المكاتبBook of Emancipation and Contracted Slaves
Description of Umm Walad (slave woman who bears a child)
Hadith 482
اُردوEn
اَخْبَرَنَا عِیْسَی بْنُ یُوْنُسَ، نَا اَبُوْبَکْرِ السَّبَرِیُّ، عَنْ حُسَیْنِ بْنِ عَبْدِاللّٰهِ عَنْ عِکْرِمَةَ، عَنِ ابْنِ عَبَّاسِ قَالَ: قَالَ رَسُوْلُ اللّٰهِ صَلَّی اللّٰهُ عَلَیْهِ وَسَلَّمَ لِاُمِّ اِبْرَاهِیْمَ حِیْنَ وَلَدَتْ: اَعْتِقَهَا وَلَدُهَا.
Sayyiduna Ibn Abbas (may Allah be pleased with them both) narrated: The Messenger of Allah (peace and blessings be upon him) said regarding (his beloved son) Ibrahim’s (may Allah be pleased with him) mother (Maria al-Qibtiyya, may Allah be pleased with her) at the time when she gave birth to him: “Her son has set her free.”
Explanation & Benefits
Hafiz Abdush Shakoor Tirmidhi
Benefits:
It is narrated from Sayyiduna Jabir radi Allahu anhu that he said: We used to sell our slave girls and ummahat awlad (slave women who had borne children to their masters), while the Prophet sallallahu alayhi wa sallam was alive. We did not see any harm in it. (Sahih Abi Dawud, no. 3345; Sunan Ibn Majah, Book of Emancipation, no. 2517)
Allamah Ibn Hazm rahimahullah says: Although the hadith of Sayyiduna Jabir radi Allahu anhu is authentic in its chain, it cannot be used as evidence, because it does not mention that the Messenger of Allah sallallahu alayhi wa sallam was aware of this action. (Al-Muhalla bil Athar: 8/214)
It is narrated from Sayyiduna Abdullah bin Umar radi Allahu anhuma that Sayyiduna Umar radi Allahu anhu forbade the sale of umm walad slave women and said: Such a slave woman can neither be given as a gift nor divided in inheritance. The owner may benefit from her as long as he wishes, and when he dies, she is free. (Sunan al-Kubra al-Bayhaqi: 10/342; Sunan al-Daraqutni: 4/134)
The majority's position is that the sale of an umm walad (a slave woman who has borne children to her master) is not permissible. (Nayl al-Awtar: 4/169)
The preferred view in this matter is that there is no explicit clarification on this issue. However, evidence indicates that the sale of an umm walad is not forbidden (haram). But there is certainly some degree of dislike (karahah) present.
It is narrated from Sayyiduna Jabir radi Allahu anhu that he said: We used to sell our slave girls and ummahat awlad (slave women who had borne children to their masters), while the Prophet sallallahu alayhi wa sallam was alive. We did not see any harm in it. (Sahih Abi Dawud, no. 3345; Sunan Ibn Majah, Book of Emancipation, no. 2517)
Allamah Ibn Hazm rahimahullah says: Although the hadith of Sayyiduna Jabir radi Allahu anhu is authentic in its chain, it cannot be used as evidence, because it does not mention that the Messenger of Allah sallallahu alayhi wa sallam was aware of this action. (Al-Muhalla bil Athar: 8/214)
It is narrated from Sayyiduna Abdullah bin Umar radi Allahu anhuma that Sayyiduna Umar radi Allahu anhu forbade the sale of umm walad slave women and said: Such a slave woman can neither be given as a gift nor divided in inheritance. The owner may benefit from her as long as he wishes, and when he dies, she is free. (Sunan al-Kubra al-Bayhaqi: 10/342; Sunan al-Daraqutni: 4/134)
The majority's position is that the sale of an umm walad (a slave woman who has borne children to her master) is not permissible. (Nayl al-Awtar: 4/169)
The preferred view in this matter is that there is no explicit clarification on this issue. However, evidence indicates that the sale of an umm walad is not forbidden (haram). But there is certainly some degree of dislike (karahah) present.
Source: Musnad Ishaq bin Rahwayh, Page: 482
