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سنن سعید بن منصور
Sunan Sa'id
كتاب الطلاقBook of Divorce
بَابُ جَامِعِ الطَّلَاقِComprehensive chapter on divorce
Hadith 3428
اُردوEn
أَخْبَرَنَا سَعِيدٌ، نا سُفْيَانُ، عَنِ الزُّهْرِيِّ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ، أَنَّ عَبْدَ اللَّهِ بْنَ مَسْعُودٍ، اشْتَرَى مِنِ امْرَأَتِهِ جَارِيَةً، فَاشْتَرَطَتْ عَلَيْهِ: إِنْ هُوَ بَاعَهَا فَهِيَ أَحَقُّ بِهَا بِالثَّمَنِ، فَسَأَلَ عُمَرَ بْنَ الْخَطَّابِ رَضِيَ اللَّهُ عَنْهُ، فَقَالَ: «لَا تَقْرَبْهَا وَلِأَحَدٍ فِيهَا شَرْطٌ»
Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) bought a slave girl from his wife and made a condition that if he sold her, the wife would have the right to buy her. When this was asked to Sayyiduna Umar (may Allah be pleased with him), he said: "As long as someone else's condition remains, do not benefit from it."
Brief Explanation
Fiqhi Issue: The ownership of a slave-girl (bondwoman) is not considered complete as long as any condition or right of another remains upon her. The permissibility of marriage (nikah) or intercourse (wati) is only established when ownership is complete and unconditional. Sayyiduna Umar radi Allahu anhu ordered that until the condition is terminated, there should be no intercourse with the slave-girl.
➊ Position of the Jurists: The owner is only permitted to have intercourse (wati) with what he owns when the ownership is complete and free from any condition. If there is a condition such as, "So-and-so will have preference upon sale," then this condition is considered a deficiency in ownership, and intercourse is impermissible.
➊ Position of the Jurists: The owner is only permitted to have intercourse (wati) with what he owns when the ownership is complete and free from any condition. If there is a condition such as, "So-and-so will have preference upon sale," then this condition is considered a deficiency in ownership, and intercourse is impermissible.
