Written by: ʿImrān Ayyūb Lāhorī
If a slave belonging to a disbeliever embraces Islam before his master, he becomes free according to the Sharīʿah.
❖ Hadith of ʿAlī رضي الله عنه:
Before the Treaty of Ḥudaybiyyah, some slaves escaped from their masters and came to the Messenger of Allah ﷺ. Their owners wrote to him saying:
“By Allah, O Muhammad! They have not come to you out of any religious devotion, but only to escape slavery.”
Some people said: “O Messenger of Allah, they have spoken the truth. Return them to their masters.”
The Prophet ﷺ became angry and said:
“O people of Quraysh! I do not think you will cease (your arrogance) until Allah sends against you those who will strike your necks.”
He then refused to return the slaves and declared:
Arabic:
هم عتقاء الله عز و جل
Translation:
“They are the freed ones of Allah, the Mighty and Majestic.”
(Ṣaḥīḥ: Ṣaḥīḥ Abī Dāwūd: 2349; Abū Dāwūd: 2700; Tirmidhī: 3715; Ḥākim: 2/125; Bayhaqī: 9/229; Aḥmad: 1/155)
Ruling: Whoever among the disbelievers’ slaves embraces Islam becomes automatically free.
❖ Hadith of Ibn ʿAbbās رضي الله عنهما:
He said:
Arabic:
أعتق رسول الله يوم الطائف من خرج إليه من عبيد المشركين
Translation:
“On the Day of (the Battle of) Ṭā’if, the Messenger of Allah ﷺ set free every slave of the polytheists who came to him as a Muslim.”
(Aḥmad: 1/123, 236, 243, 362; Ibn Abī Shaybah: 6/532; Sharḥ Maʿānī al-Āthār: 3/278; Bayhaqī: 9/229)
❖ Report of Imām al-Shaʿbī:
He narrated from a man of Banū Thaqīf who said:
“We asked the Messenger of Allah ﷺ to return Abū Bakrah, who was our slave, but he had embraced Islam before us. The Prophet ﷺ said:”
Arabic:
لا هـو طـليـق الله ثم طليق رسوله
Translation:
“No, he is freed by Allah, and then freed by His Messenger.”
(Aḥmad: 4/167; Sunan Saʿīd ibn Manṣūr: 2808; Sharḥ Maʿānī al-Āthār: 3/279)
❀ If a slave embraces Islam before his disbelieving master, he becomes free.
❀ However, if the master embraces Islam first, then the slave remains his property, for the master’s acceptance of Islam safeguards his wealth — and the slave is considered part of that wealth.
(Nayl al-Awṭār: 5/80)
The narration stating that:
“If a slave accepts Islam before his master, he becomes free; but if the master accepts Islam first and then the slave, the slave remains under his ownership,”
is mursal (chain disconnected).
(Ibn Abī Shaybah: 5/532, 33596; Sunan Saʿīd ibn Manṣūr: 2/290; Nayl al-Awṭār: 5/80; Al-Rawḍah al-Nadiyyah: 2/755)
Ruling:
If a slave belonging to a disbeliever embraces Islam before his master, he becomes free according to the Sharīʿah.
1. Evidence from the Sunnah
❖ Hadith of ʿAlī رضي الله عنه:
Before the Treaty of Ḥudaybiyyah, some slaves escaped from their masters and came to the Messenger of Allah ﷺ. Their owners wrote to him saying:
“By Allah, O Muhammad! They have not come to you out of any religious devotion, but only to escape slavery.”
Some people said: “O Messenger of Allah, they have spoken the truth. Return them to their masters.”
The Prophet ﷺ became angry and said:
“O people of Quraysh! I do not think you will cease (your arrogance) until Allah sends against you those who will strike your necks.”
He then refused to return the slaves and declared:
Arabic:
هم عتقاء الله عز و جل
Translation:
“They are the freed ones of Allah, the Mighty and Majestic.”
(Ṣaḥīḥ: Ṣaḥīḥ Abī Dāwūd: 2349; Abū Dāwūd: 2700; Tirmidhī: 3715; Ḥākim: 2/125; Bayhaqī: 9/229; Aḥmad: 1/155) Ruling: Whoever among the disbelievers’ slaves embraces Islam becomes automatically free.❖ Hadith of Ibn ʿAbbās رضي الله عنهما:
He said:
Arabic:
أعتق رسول الله يوم الطائف من خرج إليه من عبيد المشركين
Translation:
“On the Day of (the Battle of) Ṭā’if, the Messenger of Allah ﷺ set free every slave of the polytheists who came to him as a Muslim.”
(Aḥmad: 1/123, 236, 243, 362; Ibn Abī Shaybah: 6/532; Sharḥ Maʿānī al-Āthār: 3/278; Bayhaqī: 9/229)❖ Report of Imām al-Shaʿbī:
He narrated from a man of Banū Thaqīf who said:
“We asked the Messenger of Allah ﷺ to return Abū Bakrah, who was our slave, but he had embraced Islam before us. The Prophet ﷺ said:”
Arabic:
لا هـو طـليـق الله ثم طليق رسوله
Translation:
“No, he is freed by Allah, and then freed by His Messenger.”
(Aḥmad: 4/167; Sunan Saʿīd ibn Manṣūr: 2808; Sharḥ Maʿānī al-Āthār: 3/279)2. Juristic Clarification
❀ If a slave embraces Islam before his disbelieving master, he becomes free.
❀ However, if the master embraces Islam first, then the slave remains his property, for the master’s acceptance of Islam safeguards his wealth — and the slave is considered part of that wealth.
(Nayl al-Awṭār: 5/80)3. Related Weak Report
The narration stating that:
“If a slave accepts Islam before his master, he becomes free; but if the master accepts Islam first and then the slave, the slave remains under his ownership,”
is mursal (chain disconnected).
(Ibn Abī Shaybah: 5/532, 33596; Sunan Saʿīd ibn Manṣūr: 2/290; Nayl al-Awṭār: 5/80; Al-Rawḍah al-Nadiyyah: 2/755)Summary:
- A slave of a disbeliever who embraces Islam first is freed automatically, as proven by authentic aḥādīth.
- If the master embraces Islam before the slave, the slave remains his property, since the master’s Islam safeguards his ownership rights.
- The ruling emphasizes the honor and protection Islam grants to anyone who sincerely embraces the faith.
