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سنن دارمي
Darimi
من كتاب الطلاقFrom the Book of Divorce
باب في تَخْيِيرِ الأَمَةِ تَكُونُ تَحْتَ الْعَبْدِ فَتُعْتَقُ:Chapter: Giving a Freed Slave Woman the Choice After Emancipation
Hadith 2326
اُردوEn
أَخْبَرَنَا سَهْلُ بْنُ حَمَّادٍ، حَدَّثَنَا شُعْبَةُ، عَنْ الْحَكَمِ، عَنْ إِبْرَاهِيمَ، عَنْ الْأَسْوَدِ، عَنْ عَائِشَةَ: أَنَّهَا أَرَادَتْ أَنْ تَشْتَرِيَ بَرِيرَةَ، فَأَرَادَ مَوَالِيهَا أَنْ يَشْتَرِطُوا وَلَاءَهَا، فَذَكَرَتْ ذَلِكَ لِرَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، فَقَالَ: "اشْتَرِيهَا، فَإِنَّمَا الْوَلَاءُ لِمَنْ أَعْتَقَ"، فَاشْتَرَتْهَا فَأَعْتَقَتْهَا، وَخَيَّرَهَا مِنْ زَوْجِهَا وَكَانَ حُرًّا وَأَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أُتِيَ بِلَحْمٍ، فَقَالَ: "مِنْ أَيْنَ هَذَا ؟"قِيلَ: تُصُدِّقَ بِهِ عَلَى بَرِيرَةَ، فَقَالَ: "هُوَ لَهَا صَدَقَةٌ، وَلَنَا هَدِيَّةٌ".
It is narrated from Sayyida Aisha (may Allah be pleased with her) that when she intended to purchase Sayyida Barirah (may Allah be pleased with her), her owners stipulated a condition regarding Sayyida Barirah’s inheritance for themselves (i.e., we will sell her but her wala’ [right of inheritance/loyalty] will be for us). Sayyida Aisha (may Allah be pleased with her) mentioned this to the Messenger of Allah (peace and blessings be upon him). He (peace and blessings be upon him) said: “Buy Barirah, for the wala’ belongs to the one who frees the slave, whether male or female.” Sayyida Aisha (may Allah be pleased with her) said: So I bought Barirah and set her free, and the Prophet (peace and blessings be upon him) gave her the choice to stay with her husband, who was a free man. And meat was presented to the Prophet (peace and blessings be upon him). He (peace and blessings be upon him) asked: “Where did this come from?” It was said: It was given as charity to Barirah. He (peace and blessings be upon him) said: “It was charity for her, but for us it is a gift from her.”
Brief Explanation
(Commentary on Hadith 2325)
Imam Nawawi rahimahullah said: The scholars have consensus (ijma‘) that when a slave woman (bondwoman) is freed and her husband is a slave, then the slave woman has the right of choice (khiyar); she may either annul the marriage or keep it. And if her husband is free, then the woman does not have the right of choice. This is the view of Imam Malik, Imam Shafi‘i rahimahumallah, and the majority of scholars.
According to Imam Abu Hanifah rahimahullah, even if the husband is free, the slave woman will still have the right of choice, and his evidence is the aforementioned narration that Sayyidah Barirah radi Allahu anha’s husband was free. However, this statement is not reliable because most narrators have reported that her husband Mughith was also a slave.
Furthermore, in the narration of Bukhari and Muslim, when Shu‘bah or Nafi‘ were asked whether Mughith was free, they replied: “I do not know whether he was free or a slave.” Therefore, to say that he was a slave is rare (shadhdh) and not suitable as evidence, and if he had indeed been free, then what would have been the benefit of granting the right of choice?
In this hadith, the general principle is mentioned that if a slave woman or slave is freed, then their wala’ (right of inheritance/loyalty) will belong to the one who set them free.
Also, if charity (sadaqah) is given to a poor needy person, and that needy person gifts it back to the giver, then it will be considered a gift (hadiyyah), not charity (sadaqah).
And Allah knows best.
Imam Nawawi rahimahullah said: The scholars have consensus (ijma‘) that when a slave woman (bondwoman) is freed and her husband is a slave, then the slave woman has the right of choice (khiyar); she may either annul the marriage or keep it. And if her husband is free, then the woman does not have the right of choice. This is the view of Imam Malik, Imam Shafi‘i rahimahumallah, and the majority of scholars.
According to Imam Abu Hanifah rahimahullah, even if the husband is free, the slave woman will still have the right of choice, and his evidence is the aforementioned narration that Sayyidah Barirah radi Allahu anha’s husband was free. However, this statement is not reliable because most narrators have reported that her husband Mughith was also a slave.
Furthermore, in the narration of Bukhari and Muslim, when Shu‘bah or Nafi‘ were asked whether Mughith was free, they replied: “I do not know whether he was free or a slave.” Therefore, to say that he was a slave is rare (shadhdh) and not suitable as evidence, and if he had indeed been free, then what would have been the benefit of granting the right of choice?
In this hadith, the general principle is mentioned that if a slave woman or slave is freed, then their wala’ (right of inheritance/loyalty) will belong to the one who set them free.
Also, if charity (sadaqah) is given to a poor needy person, and that needy person gifts it back to the giver, then it will be considered a gift (hadiyyah), not charity (sadaqah).
And Allah knows best.
