Muda bbar Slave: Promise of Freedom and Ruling on Sale
By: Imran Ayyub Lahori
A Mudabbar is a slave whose master says to him:
أنت حر بعد موتي
“You are free after my death.”
[Nayl al-Awṭār 4/160, Subul al-Salām 4/1964]
This form of emancipation, known as Tadbir, is permissible. The slave becomes free upon the master’s death.
Jābir رضي الله عنه narrated:
“A man freed his slave upon his death. Later he became in need (of money), so the Prophet ﷺ took the slave and said, ‘Who will buy him from me?’ Then Nuʿaym ibn ʿAbdullāh رضي الله عنه bought him for a certain amount (800 dirhams), and the Prophet ﷺ handed him over to him.”
[Bukhari 2534, Abu Dawud 3955, Ibn Majah 2513, Tirmidhi 1219, Ahmad 3/369, Nasāʾī 5/69]
It is permissible to sell a Mudabbar slave in case of necessity, based on the explicit Hadith evidence.
[Nayl al-Awṭār 4/161, Fatḥ al-Bārī 4/493, al-Rawḍah al-Nadiyyah 2/329]
By: Imran Ayyub Lahori
Definition of a Mudabbar
A Mudabbar is a slave whose master says to him:
أنت حر بعد موتي
“You are free after my death.”
[Nayl al-Awṭār 4/160, Subul al-Salām 4/1964]
This form of emancipation, known as Tadbir, is permissible. The slave becomes free upon the master’s death.
Hadith Evidence
Jābir رضي الله عنه narrated:
“A man freed his slave upon his death. Later he became in need (of money), so the Prophet ﷺ took the slave and said, ‘Who will buy him from me?’ Then Nuʿaym ibn ʿAbdullāh رضي الله عنه bought him for a certain amount (800 dirhams), and the Prophet ﷺ handed him over to him.”
[Bukhari 2534, Abu Dawud 3955, Ibn Majah 2513, Tirmidhi 1219, Ahmad 3/369, Nasāʾī 5/69]
Scholarly Opinions
- Imām al-Shāfiʿī رحمه الله – A Mudabbar slave can be sold in case of necessity.
- Imām Abū Ḥanīfah رحمه الله – Selling a Mudabbar slave is absolutely impermissible.
- Majority (including Imām Mālik رحمه الله) – Also hold the view of impermissibility.
- Imām al-Nawawī رحمه الله – This Hadith is a clear refutation of those who prohibit it.
[Fatḥ al-Bārī 4/493, Qafw al-Athar 3/956, al-Muhadhdhab 2/9, al-Mabsūṭ 7/179, al-Mughnī 2/390]
Preferred View (Rājiḥ)
It is permissible to sell a Mudabbar slave in case of necessity, based on the explicit Hadith evidence.
[Nayl al-Awṭār 4/161, Fatḥ al-Bārī 4/493, al-Rawḍah al-Nadiyyah 2/329]
