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سنن دارمي
Darimi
من كتاب البيوعFrom the Book of Sales
باب في بَيْعِ الْمُدَبَّرِ:Chapter: Selling a Mudabbar Slave
Hadith 2609
اُردوEn
أَخْبَرَنَا هَاشِمُ بْنُ الْقَاسِمِ، حَدَّثَنَا شُعْبَةُ، عَنْ عَمْرِو بْنِ دِينَارٍ، قَالَ: سَمِعْتُ جَابِرَ بْنَ عَبْدِ اللَّهِ الْأَنْصَارِيَّ، قَالَ: أَعْتَقَ رَجُلٌ مِنَّا عَبْدًا لَهُ عَنْ دُبُرٍ . قَالَ: "فَدَعَا بِهِ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَبَاعَهُ" . قَالَ جَابِرٌ: وَإِنَّمَا مَاتَ عَامَ أَوَّلَ . قِيلَ لعَبْدِ اللَّهِ: تَقُولُ بِهِ ؟ . قَالَ: قَوْمُ يَقُولُونَ.
Sayyiduna Jabir bin Abdullah Ansari (may Allah be pleased with both of them) said: One of us instructed that his slave be freed after his death. The Messenger of Allah (peace and blessings be upon him) called for that slave and sold him. Sayyiduna Jabir (may Allah be pleased with him) said: He died in the first year.
Imam Darimi (may Allah have mercy on him) was asked: Do you approve of the sale of a Mudabbar slave? He said: This is what the scholars say.
Imam Darimi (may Allah have mercy on him) was asked: Do you approve of the sale of a Mudabbar slave? He said: This is what the scholars say.
Brief Explanation
(The Explanation of Hadith 2608)
The meaning of «عَنْ دُبُرٍ» is: The emancipation of this slave was made contingent upon the owner's death, and he said: The day I die, you are free.
Therefore, a "mudabbar" slave is one to whom the master says: You will be free after my death.
According to Imam Shafi'i rahimahullah and the Ahl al-Hadith, it is permissible to sell such a slave, as is mentioned in the hadith: That man had died, he had no property except this mudabbar slave, and he was in debt. The Prophet sallallahu alayhi wa sallam sold that same mudabbar slave for eight hundred dirhams and paid off his debt.
In most narrations, it is stated that during the lifetime of that man, the Messenger of Allah sallallahu alayhi wa sallam auctioned his mudabbar slave in order to pay his debt and settled the claims of his creditors. This man died at the beginning of the governorship of Sayyiduna Ibn al-Zubayr radi Allahu anhu. From this, it can be understood how dangerous the matter of debt is, that even a mudabbar slave can be auctioned for it, even though that slave would become free after his master's death.
According to Imam Abu Hanifah rahimahullah and other scholars, it is not permissible to sell a mudabbar slave.
The meaning of «عَنْ دُبُرٍ» is: The emancipation of this slave was made contingent upon the owner's death, and he said: The day I die, you are free.
Therefore, a "mudabbar" slave is one to whom the master says: You will be free after my death.
According to Imam Shafi'i rahimahullah and the Ahl al-Hadith, it is permissible to sell such a slave, as is mentioned in the hadith: That man had died, he had no property except this mudabbar slave, and he was in debt. The Prophet sallallahu alayhi wa sallam sold that same mudabbar slave for eight hundred dirhams and paid off his debt.
In most narrations, it is stated that during the lifetime of that man, the Messenger of Allah sallallahu alayhi wa sallam auctioned his mudabbar slave in order to pay his debt and settled the claims of his creditors. This man died at the beginning of the governorship of Sayyiduna Ibn al-Zubayr radi Allahu anhu. From this, it can be understood how dangerous the matter of debt is, that even a mudabbar slave can be auctioned for it, even though that slave would become free after his master's death.
According to Imam Abu Hanifah rahimahullah and other scholars, it is not permissible to sell a mudabbar slave.
