Toggle above to switch between keyword search and direct hadith lookup
سنن دارمي
Darimi
من كتاب الوصاياFrom the Book of Wills
باب مَنْ قَالَ الْمُدَبَّرُ مِنَ الثُّلُثِ:Chapter on those who said the mudabbar (slave freed at death) is from the third
Hadith 3311
اُردوEn
أَخْبَرَنَا الْحَكَمُ بْنُ الْمُبَارَكِ، أَنْبَأَنَا أَبُو عَوَانَةَ، عَنْ أَبِي بِشْرٍ، عَنْ سَعِيدِ بْنِ جُبَيْرٍ، قَالَ: "الْمُعْتَقُ عَنْ دُبُرٍ مِنْ جَمِيعِ الْمَالِ" . سُئِلَ أَبُو مُحَمَّد: بِأَيِّهِمَا تَقُولُ ؟ قَالَ: مِنَ الثُّلُثِ.
Saeed bin Jubair (may Allah have mercy on him) said: A slave who is set free after death will be freed from the entire wealth. The narrator said: Imam Abu Muhammad Darimi (may Allah have mercy on him) was asked: What is your opinion? He said: He will be freed from one third of the wealth.
Brief Explanation
(The Explanation of Ahadith 3305 to 3311)
The last two opinions are that the mudabbar will be freed from the entire estate, while all the remaining opinions are that he will be freed from one-third of the estate.
Imam Darimi rahimahullah has also given preference to this opinion.
The meaning is that if a person leaves behind wealth and a slave whom he has made mudabbar, and if the value of the slave is equal to one-third of the estate, then he will be freed; if it is more than that, then he will be freed only to the extent of one-third, and the remaining two-thirds will be distributed among the heirs.
The last two opinions are that the mudabbar will be freed from the entire estate, while all the remaining opinions are that he will be freed from one-third of the estate.
Imam Darimi rahimahullah has also given preference to this opinion.
The meaning is that if a person leaves behind wealth and a slave whom he has made mudabbar, and if the value of the slave is equal to one-third of the estate, then he will be freed; if it is more than that, then he will be freed only to the extent of one-third, and the remaining two-thirds will be distributed among the heirs.
