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Book 24 – Book of Emancipation of Slaves

by I Need Allah

Chapter 1483: A SLAVE WHO HAS ENTERED INTO AN AGREEMENT TO PURCHASE HIS FREEDOM (MUKATAB) AND MADE A PART PAYMENT, BUT FINALLY HE IS UNABLE TO COMPLETE THE AMOUNT OR DIES.


Book 24, Number 3915:

Narrated Abdullah ibn Amr ibn al-‘As:

The Prophet (peace_be_upon_him) said: A slave who has entered into an agreement to purchase his freedom is a slave as long as a dirham of the agreed price remains to be paid.


Book 24, Number 3916:

Narrated Abdullah ibn Amr ibn al-‘As:

The Prophet (peace_be_upon_him) said: If any slave entered into an agreement to buy his freedom for one hundred uqiyahs and he pays them all but ten, he remains a slave (until he pays the remaining ten); and if a slave entered into an agreement to purchase his freedom for one hundred dinars, and he pays them all but ten dinars, he remains a slave (until he pays the remaining ten).

Abu Dawud said: The narrator ‘Abbas al-Jariri is not the same person. They said: It is a misunderstanding. He is some other narrator.


Book 24, Number 3917:

Narrated Umm Salamah, Ummul Mu’minin:

The Apostle of Allah (peace_be_upon_him) said to us: If one of you has a slave, and he enters into an agreement to purchase his freedom, and can pay the full price, she must veil herself from him.


Chapter 1484: SALE OF A SLAVE WHO ENTERED AN AGREEMENT TO PURCHASE HIS FREEDOM WHEN THE AGREEMENT IS REPUDIATED


Book 24, Number 3918:

‘Urwah quoting ‘A’ishah said that Barirah came to her seeking her help to purchase her freedom, and she did not pay anything for her freedom. ‘A’ishah said to her: Return to your people; if they like that I make payment for the purchase of your freedom on your behalf and I shall have the right to inherit from you, I shall do so. Barirah mentioned it to her people, but they refused and said: If she wants to purchase your freedom for a reward from Allah, she may do so, but the right to in-herit from you shall be ours. She mentioned it to the Apostle of Allah (may peace be upon him). The Apostle of Allah (may peace be upon. him) said: Purchase her (free-dom) and set her free, for the right of inheritance belongs only to the one who set a, person free. The Apostle of Allah (may peace be upon him) then stood up and said: What is the matter with people who make conditions which are not in Allah’s Book ! If anyone makes a condition which is not in Allah’s Book, he has no right to it, even if he stipulates it hundreds of times. Allah’s condition is more valid and binding.”


Book 24, Number 3919:

‘A’ishah said : Barirah came seeking my help to purchase her freedom. She said: I have arranged with my people to buy my freedom for nine uqiyahs : one to be paid annually. So help me. She (A’ishah) said: If your people are willing that I should count them (uqiyahs) Out to them all at one time and set you free and that I shall have the right to inherit from you, I shall do so. She then went to her people. The narrator then transmitted the rest of the tradition like the version of al-Zuhri. He added to the wordings of the Prophet (may peace be upon him) in the last: What is the matter with people that one of you says: Set free, O so-and-so, and the right of inheritance belongs to me. The right of inheritance belongs only to the one who has set a person free.


Book 24, Number 3920:

Narrated Aisha, Ummul Mu’minin:

Juwayriyyah, daughter of al-Harith ibn al-Mustaliq, fell to the lot of Thabit ibn Qays ibn Shammas, or to her cousin. She entered into an agreement to purchase her freedom. She was a very beautiful woman, most attractive to the eye.

Aisha said: She then came to the Apostle of Allah (peace_be_upon_him) asking him for the purchase of her freedom. When she was standing at the door, I looked at her with disapproval. I realised that the Apostle of Allah (peace_be_upon_him) would look at her in the same way that I had looked.

She said: Apostle of Allah, I am Juwayriyyah, daughter of al-Harith, and something has happened to me, which is not hidden from you. I have fallen to the lot of Thabit ibn Qays ibn Shammas, and I have entered into an agreement to purchase of my freedom. I have come to you to seek assistance for the purchase of my freedom.

The Apostle of Allah (peace_be_upon_him) said: Are you inclined to that which is better? She asked: What is that, Apostle of Allah? He replied: I shall pay the price of your freedom on your behalf, and I shall marry you.

She said: I shall do this. She (Aisha) said: The people then heard that the Apostle of Allah (peace_be_upon_him) had married Juwayriyyah. They released the captives in their possession and set them free, and said: They are the relatives of the Apostle of Allah (peace_be_upon_him) by marriage. We did not see any woman greater than Juwayriyyah who brought blessings to her people. One hundred families of Banu al-Mustaliq were set free on account of her.


Chapter 1485: EMANCIPATION OF A SLAVE ON A CERTAIN CONDITION


Book 24, Number 3921:

Narrated Umm Salamah, Ummul Mu’minin:

Safinah said: I was a slave of Umm Salamah, and she said: I shall emancipate you, but I stipulate that you must serve the Apostle of Allah (peace_be_upon_him) as long as you live. I said: Even if you do not make a stipulation, I shall not leave the Apostle of Allah (peace_be_upon_him). She then emancipated me and made the stipulation with me.


Chapter 1486: EMANCIPATION OF A SHARE IN A SLAVE


Book 24, Number 3922:

Narrated Usamah ibn Umayr al-Huzali:

(This is Abu Walid’s version): A man emancipated a share in a slave and the matter was mentioned to the Prophet (peace_be_upon_him). He said: Allah has no partner.

Ibn Kathir added in his version: The Prophet (peace_be_upon_him) allowed his emancipation.


Book 24, Number 3923:

Narrated Abu Hurairah:

A man emancipated his share in a slave. The Prophet (peace_be_upon_him) allowed his (full) emancipation, and required him to pay the rest of his price.


Book 24, Number 3924:

Qatadah narrated with his chain of narrators: The Prophet (may peace be upon him) said: If a man emancipates a slave shared by him with another man, his emancipation rests with him (who emancipated his share). This is the version of Ibn Suwaid.


Book 24, Number 3925:

Qatadah narrated with his chain of narrators. The Prophet (may peace be upon him) said: If anyone emancipates his share in a slave, he emancipates him (completely) by his property if he has property. The narrator Ibn al-Muthann� did not mention al-Nadr b. Anas. This. is the version of Ibn Suwaid.


Chapter 1487: THE VIEW THAT THE SLAVE WILL BE REQUIRED TO WORK TO PAY THE PRICE OF THE REMAINING PORTION


Book 24, Number 3926:

Abu Hurairah reported the Prophet (may peace be upon him) as saying: If anyone emancipates a share in his slave, he should completely emancipate him if he has money; but if he has none, the slave will be required to work (to pay for his free-dom), but he must not be overburdened.


Book 24, Number 3927:

Abu Hurairah reported the Prophet (may peace be upon him) as saying: If anyone emancipates his share in a slave, he is to be completely emancipated by his money if he has money. But if he has no money. a fair price for the slave should be fixed, and the slave is required to work for his master according to the proportion of his price, but he must not be overburdened.

Abu Dawud said: In the version of both the narrators the words are “he will be required to work and must not be overburdened”. This is the version of ‘Ali.


Book 24, Number 3928:

The tradition mentioned above has also been transmitted by Sa’id (b. Abi ‘Arubah) through a different chain of narrators to the same effect.

Abu Dawud said: It has also been transmitted by Rawb b. ‘Ubadah from Sa’id b. Abi ‘Arubah. In this version he did not mention the words “the slave should be required to work”. It has also been transmitted by Jarir b. Hazim and Musa b. Khalaf from Qatadah through the chain of Yazid b. Zurai’ and to the same effect. In this version they mentioned the words “the slave should be required to work”.


Chapter 1488: THE VIEW THAT A SLAVE WILL NOT BE REQUIRED TO WORK FOR PURCHASING HIS FREEDOM


Book 24, Number 3929:

‘Abd Allah b. ‘Umar reported the Apostle of Allah (may peace be upon him) as saying: If anyone emancipates his share in a slave, a fair price for the slave should be fixed, give his partners their shares, and the slave be thus emancipated otherwise. he is emancipated to the extent of the share which he emancipated.


Book 24, Number 3930:

The tradition mentioned above has also been transmitted by Ibn ‘Umar to the- same effect through a different chain of narrators. Nafi’ sometimes said: He will be emancipated to the extent of the share which he emancipated, and sometimes he did not say these words.


Book 24, Number 3931:

The tradition mentioned above has also been narrated by Ibn Umar from the Prophet (may peace be upon him). The narrator Ayyub said: I do not know whether the following words are a part of the tradition of the Prophet (may peace be upon him) or Nafi’ told them himself: “otherwise he will be emancipated to the extent of the first man’s share.”


Book 24, Number 3932:

Ibn ‘Umar reported the Apostle of Allah (may peace be upon him) as say-ing: If anyone emancipates his share in a slave, he-should emancipate him completely if he has enough money to pay the full price; but if he has none, he will be emanci-pated to the extent of his share.


Book 24, Number 3933:

The tradition mentioned above has also been transmitted by Ibn ‘Umar from the Prophet (may peace be upon him) to the same effect as mentioned by Ibrahim b. Musa through a different chain.


Book 24, Number 3934:

The tradition mentioned above has also been narrated by Ibn ‘Umar through a different chain of transmitters to the same effect as-mentioned by Malik. In this version there-is no mention of the words “otherwise he will be emancipated to the extent of the first man’s share.” His version ends “and the slave be thus emancipated,” to the same effect as he (Malik) mentioned.


Book 24, Number 3935:

Ibn ‘Umar reported the Prophet (may peace be upon him) as saying: If a man emancipates his share in a slave, the rest will be emancipated by his money if he has enough money to pay the full price for him.


Book 24, Number 3936:

Ibn ‘Umar reported the Prophet (may peace be upon him) as saying: If a man is shared by two men, and one of them emancipates his share, a price of the slave will be fixed, not more or less, and he will be emancipated by him in case he is rich.


Book 24, Number 3937:

Ibn al-Thalabb reported on the authority of his father: A man emancipated his share in a slave. The Prophet (may peace be upon him) did not put the responsibility on him to emancipate the rest.

Ahmad said: The name Ibn al-Thalabb is to be pronounced with ta’ (and not with tha). As Shu’bah could not pronounce ta, he said tha.


Chapter 1489: POSSESSION OF A SLAVE WHO IS A RELATIVE TO THE MASTER AND IS WITHIN THE PROHIBITED DEGREES


Book 24, Number 3938:

Narrated Samurah:

The Prophet (peace_be_upon_him) said: (The narrator Musa said in another place: From Samurah ibn Jundub as presumed by Hammad): If anyone gets possession of a relative who is within the prohibited degrees, that person becomes free. AbuDawud said: A similar tradition has also been transmitted by Samurah from the Prophet (peace_be_upon_him) through a different chain.


Book 24, Number 3939:

Narrated Umar ibn al-Khattab:

Qatadah reported Umar ibn al-Khattab (may Allah be pleased with him) as saying: If anyone gets possession of a relative who is within the prohibited degrees, that person becomes free.


Book 24, Number 3940:

Qatadah reported on the authority of al-Uasan: If anyone gets possession of a relative who is within the prohibited degrees, that person becomes free.


Book 24, Number 3941:

A similar tradition has also been transmitted by Jabir b. Zaid and al-Hasan through a different chain of narrators.

Abu Dawud said: The narrator Sa’id retained the tradition more carefully than Hammad.


Chapter 1490: FREEDOM OF SLAVE-MOTHERS


Book 24, Number 3942:

Narrated Sulamah bint Ma’qil al-Qasiyyah:

My uncle brought me (to Medina) in the pre-Islamic days. He sold me to al-Hubab ibn Amr, brother of AbulYusr ibn Amr. I bore a child, AbdurRahman ibn al-Hubab, to him and he (al-Hubab) then died.

Thereupon his wife said: I swear by Allah, now you will be sold (as a repayment) for his loan.

So I came to the Apostle of Allah (peace_be_upon_him) and said: Apostle of Allah! I am a woman of Banu Kharijah Qays ibn Aylan. My uncle had brought me to Medina in pre-Islamic days. He sold me to al-Hubab ibn Amr, brother of AbulYusr ibn Amr. I bore AbdurRahman ibn al-Hubab to him. His wife said: I swear by Allah, you will be sold for his loan.

The Apostle of Allah (peace_be_upon_him) said: Who is the guardian of al-Hubab?

He was told: His brother, AbulYusr ibn Amr. He then sent for him and said: Set her free; when you hear that some slaves have been brought to me, came to me, and I shall compensate you for her.

She said: They set me free, and when some slaves were brought to the Apostle of Allah (peace_be_upon_him), he gave them a slave in compensation for me.


Book 24, Number 3943:

Narrated Jabir ibn Abdullah:

We sold slave-mothers during the time of the Apostle of Allah (peace_be_upon_him) and of AbuBakr. When Umar was in power, he forbade us and we stopped.


Chapter 1491: FREEDOM OF A SLAVE AFTER THE DEATH OF HIS MASTER (MUDABBAR)


Book 24, Number 3944:

Jabir b. ‘Abd Allah said: A man declared that his slave would be free after his death, but he had no other property. So the Prophet (may peace be upon him) ordered (to sell him). He was then sold for seven hundred or nine hundred (dirhams).


Book 24, Number 3945:

The tradition mentioned above has also been transmitted by Jabir b. ‘Abd Allah through a different chain of narrators. This version-added: The Prophet (may peace be upon him) said: You are more entitled to his price, and Allah has no need of it.


Book 24, Number 3946:

Jabir said: A man of the Ansar called Abu Madhkur declared that his slave called Ya’qub would be free after, his death, but he had no other property. So the Apostle of Allah (may peace be upon him) called him and said: Who will buy him? Nu’aim b. ‘Abd Allah b. al-Nahham bought him for eight hundred dirhams. When he handed them over to him, he (the Prophet) said: If any of you is poor, he should begin from himself; if anything is left over, give it to your family; if anything is left over, give it to your relatives; if anyfhing is left over (when they have received something), then here and here.


Chapter 1492: EMANCIPATION OF SLAVES WHOSE PRICE EXCEEDS ONE-THIRD OF THE PROPERTY


Book 24, Number 3947:

‘Imran b. Hussain said: A man who had no other property emancipated six slaves of his at the time of his death. When the Prophet (may peace be upon him) was informed about it, he spoke severely of him. He then called for them, divided them into three sections, cast lots among them, and emancipated two and kept four in slavery.


Book 24, Number 3948:

The tradition mentioned above has also been transmitted by Abu Qilabah through a different chain of narrators on the authority of Imran b. Hussain to the same effect. But in this version he did not mention “He spoke severely of them.”


Book 24, Number 3949:

The tradition mentioned above has also been transmitted by Abu Qilabah from Abu Zaid through a different chain of narrators to the same effect: A man of the Ansar… The Prophet (may peace be upon him) said: Had I been present before his burial, he would not have been buried in a Muslim cemetery.


Book 24, Number 3950:

‘Imran b Hussain said: A man emancipated six slaves at the time of his death and he had no other property. The Prophet (may peace be upon him) was informed about it. He cast lots among them, emancipated two and retained four in slavery


Chapter 1493: EMANCIPATION OF A SLAVE WHO HAS PROPERTY


Book 24, Number 3951:

‘Abd Allah b. ‘Umar reported the Apostle of Allah (may peace be upon him) as saying: If anyone emancipates a slave who has property, the property of the slave belongs to him except that the master makes a stipulation.


Chapter 1494: EMANCIPATION OF A BASTARD SLAVE


Book 24, Number 3952:

Narrated Abu Hurairah:

The Prophet (peace_be_upon_him) said: The child of adultery is worst of the three.

Abu Hurairah said: That I give a flog in the path of Allah (as a charity) is dearer to me than emancipating a child of adultery.


Chapter 1495: REWARD FOR EMANCIPATING A SLAVE


Book 24, Number 3953:

Narrated Wathilah ibn al-Asqa:

Al-Arif ibn ad-Daylami said: We went to Wathilah ibn al-Asqa and said to him: Tell us a tradition which has not addition or omission. He became angry and replied: One of you recites when his copy of a Qur’an is hung up in his house, and he makes additions and omissions. We said: All we mean is a tradition you have heard from the Apostle of Allah (peace_be_upon_him). He said: We went to the Prophet (peace_be_upon_him) about a friend of ours who deserved. Hell for murder. He said: Emancipate a slave on his behalf; Allah will set free from Hell a member of the body for every member of his.


Chapter 1496: WHICH OF THE SLAVES IS BETTER THAT SHOULD BE EMANCIPATED


Book 24, Number 3954:

Narrated AbuNajih as-Sulami:

Along with the Apostle of Allah (peace_be_upon_him) we besieged the palace of at-Ta’if. The narrator, Mutadh, said: I heard my father (sometimes) say: “Palace of at-Ta’if,” and (sometimes) “Fort of at-Ta’if,” which are the same.

I heard the Apostle of Allah (peace_be_upon_him) say: he who causes an arrow to hit its mark in Allah’s cause will have it counted as a degree for him (in Paradise). He then transmitted the rest of the tradition.

I heard the Apostle of Allah (peace_be_upon_him) say: If a Muslim man emancipates a Muslim man, Allah, the Exalted, will make every bone of his protection for every bone of his emancipator from Hell; and if a Muslim woman emancipates a Muslim woman, Allah will make every bone of hers protection for every bone of her emancipator from Hell on the Day of Resurrection.


Book 24, Number 3955:

Narrated Marrah ibn Ka’b:

Amr ibn Abasah, said that Marrah ibn Ka’b said: I heard the Apostle of Allah (peace_be_upon_him) say: If anyone emancipates a Muslim slave, that will be his ransom from Jahannam.


Book 24, Number 3956:

The tradition mentioned above has also been transmitted by Mu’adh through a different chain of narrators. After mentioning the words “If any Muslim emancipates a Muslim slave and if a woman emancipates a Muslim woman, this version adds: “If a man emancipates two Muslim women, they will be his deliverance from Hell-fire; two bones of theirs will be emancipation for each of his bone.”

Abu Dawud said: Salim did not hear (traditions) from Shurahbil. Shurahbil died at Siffin.


Chapter 1497: EMANCIPATION OF A SLAVE WHILE THE MASTER IS HEALTHY


Book 24, Number 3957:

Narrated Abu Darda’:

The Prophet (peace_be_upon_him) said: the similitude of a man who emancipates a slave at the time of his death is like that of a man who gives a present after satisfying his appetite.


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