سنن ترمذي
Tirmidhi
كتاب البيوع عن رسول الله صلى الله عليه وسلمThe Book on Business
باب مَا جَاءَ فِي كَرَاهِيَةِ الْفَرْقِ بَيْنَ الأَخَوَيْنِ أَوْ بَيْنَ الْوَالِدَةِ وَوَلَدِهَا فِي الْبَيْعِChapter: ….
Hadith 1284
حَدَّثَنَا الْحَسَنُ بْنُ قَزَعَةَ، أَخْبَرَنَا عَبْدُ الرَّحْمَنِ بْنُ مَهْدِيٍّ، عَنْ حَمَّادِ بْنِ سَلَمَةَ، عَنْ الْحَجَّاجِ، عَنْ الْحَكَمِ، عَنْ مَيْمُونِ بْنِ أَبِي شَبِيبٍ، عَنْ عَلِيٍّ، قَالَ : وَهَبَ لِي رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ غُلَامَيْنِ أَخَوَيْنِ ، فَبِعْتُ أَحَدَهُمَا ، فَقَالَ لِي رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " يَا عَلِيُّ ، مَا فَعَلَ غُلَامُكَ ؟ " فَأَخْبَرْتُهُ ، فَقَالَ : " رُدَّهُ رُدَّهُ " . قَالَ أَبُو عِيسَى : هَذَا حَدِيثٌ حَسَنٌ غَرِيبٌ ، وَقَدْ كَرِهَ بَعْضُ أَهْلِ الْعِلْمِ مِنْ أَصْحَابِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَغَيْرِهِمْ ، التَّفْرِيقَ بَيْنَ السَّبْيِ فِي الْبَيْعِ ، وَيُكْرَهُ أَنْ يُفَرِّقَ بَيْنَ الْوَالِدةِ وَوَلَدِهَا وَبَيْنَ الإِخْوَةَ وَالأَخَوَاتِ فِي الْبيع ، وَرَخَّصَ بَعْضُ أَهْلِ الْعِلْمِ فِي التَّفْرِيقِ بَيْنَ الْمُوَلَّدَاتِ الَّذِينَ وُلِدُوا فِي أَرْضِ الْإِسْلَامِ ، وَالْقَوْلُ الْأَوَّلُ أَصَحُّ . وَرُوِيَ عَنْ إِبْرَاهِيمَ النَّخَعِيِّ أَنَّهُ فَرَّقَ بَيْنَ وَالِدَةٍ وَوَلَدِهَا فِي الْبَيْعِ ، فَقِيلَ لَهُ : فِي ذَلِكَ ، فَقَالَ : إِنِّي قَدِ اسْتَأْذَنْتُهَا بِذَلِكَ ، فَرَضِيَتْ .
‘Ali (may Allah be pleased with him) says that the Messenger of Allah (peace and blessings of Allah be upon him) gave me two slaves who were brothers to each other. I sold one of them. Then the Messenger of Allah (peace and blessings of Allah be upon him) asked me: “Ali! What happened to your slave?” I informed him (that I had sold one of them), so he said: “Return him, return him.” © Imam Tirmidhi says:
1- This hadith is Hasan Gharib.
2- Some of the people of knowledge among the Companions and others have considered it impermissible to separate (related) captives at the time of sale.
3- And some of the people of knowledge have considered it permissible to separate those boys who were born in the land of Islam.
The first opinion is more correct.
4- It is narrated from Ibrahim al-Nakha’i that he separated a mother and her son at the time of sale, so he was objected to regarding this, and he said: I sought permission from his mother and she was pleased with it.
1- This hadith is Hasan Gharib.
2- Some of the people of knowledge among the Companions and others have considered it impermissible to separate (related) captives at the time of sale.
3- And some of the people of knowledge have considered it permissible to separate those boys who were born in the land of Islam.
The first opinion is more correct.
4- It is narrated from Ibrahim al-Nakha’i that he separated a mother and her son at the time of sale, so he was objected to regarding this, and he said: I sought permission from his mother and she was pleased with it.
Related hadith on this topic
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Commentary:
Note:
(Maymun did not meet Ali radi Allahu anhu, but this issue is established from the previous hadith and other evidences.)
Note:
(Maymun did not meet Ali radi Allahu anhu, but this issue is established from the previous hadith and other evidences.)
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1284
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه الترمذي، البيوع، باب ما جاء في كراهية الفرق بين الأخوين، حديث:1284، وابن ماجه، التجارات، حديث:2249، وأحمد:1 /97، 126، والحاكم:2 /55.* وقال أبوداود، حديث"2696 "ميمون لم يدرك عليًا".»©Explanation:
➊ The aforementioned narration has been declared weak in its chain (sanad) by our esteemed researcher, whereas other scholars have graded it as authentic (sahih) or sound (hasan). The researchers of Musnad Ahmad have classified it as hasan li-ghayrihi (sound due to supporting narrations). Therefore, despite the narration being weak in its chain, it is actionable and authoritative due to other supporting evidences and corroborations. For further details, see: (al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 2/155).
➋ The previous hadith indicates the prohibition of separating a mother and her child, whether that separation occurs through sale, gift, or by means of deception or any other form.
➌ The word "mother" also includes the "father," meaning that separation should not occur from the mother nor from the father. And this hadith indicates the prohibition of separation and division between siblings, and by analogy (qiyas), other close relatives (dhawi al-arham) have also been included with them. However, Imam al-Shawkani rahimahullah is of the opinion that including other close relatives (dhawi al-arham) in this ruling is questionable, because the hardship and distress caused by their separation is not the same as that which results from separating a mother and child or between brothers. Therefore, due to the clear difference between the two, one should not combine one with the other, and should restrict oneself to the explicit text.
➍ It should also be known that the prohibition of separation is specific to a young child. When is separation of an older child permissible? There is a difference of opinion on this. According to the evidence, the preferred view is that when a boy or girl reaches puberty (bulugh), then separation is not prohibited.
«أخرجه الترمذي، البيوع، باب ما جاء في كراهية الفرق بين الأخوين، حديث:1284، وابن ماجه، التجارات، حديث:2249، وأحمد:1 /97، 126، والحاكم:2 /55.* وقال أبوداود، حديث"2696 "ميمون لم يدرك عليًا".»©Explanation:
➊ The aforementioned narration has been declared weak in its chain (sanad) by our esteemed researcher, whereas other scholars have graded it as authentic (sahih) or sound (hasan). The researchers of Musnad Ahmad have classified it as hasan li-ghayrihi (sound due to supporting narrations). Therefore, despite the narration being weak in its chain, it is actionable and authoritative due to other supporting evidences and corroborations. For further details, see: (al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 2/155).
➋ The previous hadith indicates the prohibition of separating a mother and her child, whether that separation occurs through sale, gift, or by means of deception or any other form.
➌ The word "mother" also includes the "father," meaning that separation should not occur from the mother nor from the father. And this hadith indicates the prohibition of separation and division between siblings, and by analogy (qiyas), other close relatives (dhawi al-arham) have also been included with them. However, Imam al-Shawkani rahimahullah is of the opinion that including other close relatives (dhawi al-arham) in this ruling is questionable, because the hardship and distress caused by their separation is not the same as that which results from separating a mother and child or between brothers. Therefore, due to the clear difference between the two, one should not combine one with the other, and should restrict oneself to the explicit text.
➍ It should also be known that the prohibition of separation is specific to a young child. When is separation of an older child permissible? There is a difference of opinion on this. According to the evidence, the preferred view is that when a boy or girl reaches puberty (bulugh), then separation is not prohibited.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 678
