Sale of Ummahāt al-Awlād: The Stronger Opinion with Shar‘i Proofs
(Taken from: Aḥkām wa Masā’il – Issues of Buying & Selling, vol. 1, p. 387)
❖ Question:
Regarding the sale of Ummahāt al-Awlād (female slaves who have borne children for their master), which opinion is stronger — that of ‘Alī رضي الله عنه, Jābir رضي الله عنه, and ‘Umar ibn ‘Abd al-‘Azīz رحمه الله, or that of ‘Umar ibn al-Khaṭṭāb رضي الله عنه and the majority?
❖ Answer:
Alḥamdulillāh, waṣ-ṣalātu was-salāmu ‘alā Rasūlillāh, ammā ba‘d:
The stronger and weightier opinion regarding the sale of Ummahāt al-Awlād is that of:
- ‘Alī ibn Abī Ṭālib رضي الله عنه
- Jābir ibn ‘Abdillāh رضي الله عنه
- ‘Umar ibn ‘Abd al-‘Azīz رحمه الله
According to these noble scholars, the sale of Ummahāt al-Awlād is permissible, provided that the sale is conducted in accordance with the principles and conditions established in the Book of Allah and the Sunnah of the Messenger ﷺ.
❖ Explanation:
- If the sale is carried out according to the laws and guidelines of the Qur’an and Sunnah, it is considered valid.
- Thus, the view of the majority of scholars and that of ‘Umar ibn al-Khaṭṭāb رضي الله عنه, which prohibits the sale of Ummahāt al-Awlād, is not the stronger view in this matter.
- Instead, the opinion of ‘Alī, Jābir, and ‘Umar ibn ‘Abd al-‘Azīz رحمه الله is the preferred and more correct opinion.
❖ Conclusion:
✔ The sale of Ummahāt al-Awlād is permissible if it conforms to Qur’ān and Sunnah principles.
✔ The view of ‘Alī رضي الله عنه, Jābir رضي الله عنه, and ‘Umar ibn ‘Abd al-‘Azīz رحمه الله takes precedence over the opposing opinion.
ھذا ما عندي والله أعلم بالصواب
