أَخْبَرَنَا
قُتَيْبَةُ ، قَالَ : حَدَّثَنَا
اللَّيْثُ ، عَنْ
أَبِي الزُّبَيْرِ ، عَنْ
جَابِرٍ ، قَالَ : أَعْتَقَ رَجُلٌ مِنْ بَنِي عُذْرَةَ عَبْدًا لَهُ عَنْ دُبُرٍ ، فَبَلَغَ ذَلِكَ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ : " أَلَكَ مَالٌ غَيْرُهُ ؟ " قَالَ : لَا ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " مَنْ يَشْتَرِيهِ مِنِّي ؟ " فَاشْتَرَاهُ نُعَيْمُ بْنُ عَبْدِ اللَّهِ الْعَدَوِيُّ بِثَمَانِ مِائَةِ دِرْهَمٍ ، فَجَاءَ بِهَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَدَفَعَهَا إِلَيْهِ ، ثُمَّ قَالَ : " ابْدَأْ بِنَفْسِكَ فَتَصَدَّقْ عَلَيْهَا ، فَإِنْ فَضَلَ شَيْءٌ فَلِأَهْلِكَ ، فَإِنْ فَضَلَ شَيْءٌ عَنْ أَهْلِكَ ، فَلِذِي قَرَابَتِكَ فَإِنْ فَضَلَ عَنْ ذِي قَرَابَتِكَ شَيْءٌ ، فَهَكَذَا وَهَكَذَا يَقُولُ بَيْنَ يَدَيْكَ وَعَنْ يَمِينِكَ وَعَنْ شِمَالِكَ " .
´It was narrated that Jabir said:` "A man from Banu 'Udhrah declared that a slave of his would become free after he died. News of that reached the Messenger of Allah and he said: 'Do you have any property besides him?' He said: 'No.' The Messenger of Allah said: 'Who will buy him from me?' Nu'aim bin 'Abdullah Al-Adawi bought him for eight hundred Dirhams. The Messenger of Allah brought it (the money) and gave it to him, then he said: 'Start with yourself and if there is anything left, give it to our family. If there is anything left after your family (has been taken care of), then give it to your relatives. If there is anything left after your relatives (have been taken care of), then (give it) to such and such, saying: 'In front of you and to your right and to your left."' (Shih)
Explanation & Benefits
Hafiz Muhammad Ameen
(1) If a person, during his lifetime, says that this slave will be free after my death, this is called "tadbir" in the Arabic language, and it was commonly practiced. The Shari‘ah has also acknowledged it. In this case, after his death, the slave will indeed become free, but its status is like that of a bequest (wasiyyah), the execution of which can only be carried out from one third of the estate.
(2) The aforementioned person possessed only that slave as his entire wealth. Clearly, a bequest cannot be made for more than one third of the wealth; therefore, the Prophet (sallallahu alayhi wa sallam) annulled his act of tadbir by his command, and even sold that slave so that, in the event of that person's death, the slave would not be able to become free.
(3) It is not permissible to sell such a slave except in specific circumstances (when the tadbir is invalid), then it can be sold—either by the government or by the person himself. However, it is not correct to infer from this that it is permissible to sell every mudabbar (slave under tadbir). The details, insha’Allah, will come ahead.
(4) "Ahead and to the right and left." That is, give charity wherever you deem appropriate. This is an idiom; the apparent words are not intended.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 2547