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سنن دارمي
Darimi
من كتاب البيوعFrom the Book of Sales
باب في النَّهْيِ عَنْ بَيْعِ الْوَلاَءِ:Chapter: Prohibition of Selling Inheritance Rights
Hadith 2608
اُردوEn
أَخْبَرَنَا خَالِدُ بْنُ مَخْلَدٍ، حَدَّثَنَا مَالِكٌ، عَنْ عَبْدِ اللَّهِ بْنِ دِينَارٍ، عَنِ ابْنِ عُمَرَ، قَالَ: "نَهَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ بَيْعِ الْوَلَاءِ، وَعَنْ هِبَتِهِ" . قَالَ عَبْد اللَّهِ: الْأَمْرُ عَلَى هَذَا، لَا يُبَاعُ وَلَا يُوهَبُ.
Sayyiduna Ibn Umar (may Allah be pleased with them both) said: The Messenger of Allah (peace and blessings be upon him) forbade the selling and gifting of wala’. Imam Darimi (may Allah have mercy on him) said: The practice is upon this, that wala’ can neither be sold nor gifted.
Brief Explanation
(Commentary on Hadith 2607)
The "wala" of a slave boy or slave girl refers to their inheritance. When a slave boy or slave girl dies, the one who set them free becomes their heir.
In Arabia, there was a custom of selling or gifting this relationship between the slave and the master, which Islam prohibited, because "wala" is like lineage, which in no way can be nullified.
All the jurists of Iraq and Hijaz are unanimous on this.
Selling or gifting "wala" has been prohibited because it is a right that the emancipator has over the freed slave.
Such rights cannot be sold because the sale would be of something unknown; it is not known whether the slave will have anything at the time of death or not.
The "wala" of a slave boy or slave girl refers to their inheritance. When a slave boy or slave girl dies, the one who set them free becomes their heir.
In Arabia, there was a custom of selling or gifting this relationship between the slave and the master, which Islam prohibited, because "wala" is like lineage, which in no way can be nullified.
All the jurists of Iraq and Hijaz are unanimous on this.
Selling or gifting "wala" has been prohibited because it is a right that the emancipator has over the freed slave.
Such rights cannot be sold because the sale would be of something unknown; it is not known whether the slave will have anything at the time of death or not.
