EMANCIPATION (ITQ) SECTION · 15 – THE VIRTUE OF A PERSON EMANCIPATING A SLAVE WHILE IN GOOD HEALTH
3968 – It is narrated from Abū al-Dardāʾ (may Allah be pleased with him) that he said:
“The situation of one who emancipates (a slave) at the time of his death is like that of a person who donates food when he is already full.” [539]
[519] Tirmidhī, Kitāb al-Buyūʿ, Bāb al-Mukātab, no. 1261; Ibn Mājah, Kitāb al-Itq, no. 2250
[520] Bukhārī, Kitāb al-Zakāt, no. 2/158; Tirmidhī, Kitāb al-Buyūʿ, no. 1256; Ibn Mājah, Kitāb al-Itq, no. 2521; Nasāʾī, Kitāb al-Zakāt, no. 2615
[521] Bukhārī, Kitāb al-Mukātab, Bāb Istiʿānat al-Mukātab, no. 6/199; Muslim, Kitāb al-Itq, no. 8; Nasāʾī, Kitāb al-Zakāt, Bāb Idhā Ḥawlat al-Ṣadaqah, no. 2615; Ibn Mājah, Kitāb al-Itq, Bāb al-Mukātab, no. 2021
[522] Ibn Mājah, Kitāb al-Itq, Bāb Man Aʿtaqa ʿAbdan, no. 2526
[523] Bukhārī, Kitāb al-Shirkah, no. 3/158; Ibn Mājah, Kitāb al-Itq, no. 2527; Muslim, Kitāb al-Imān, no. 1502; Tirmidhī, Kitāb al-Aḥkām, no. 1348
[524] Bukhārī, Kitāb al-Itq, no. 3/190; Muslim, Kitāb al-Imān, no. 54; Tirmidhī, Kitāb al-Aḥkām, no. 1348; Ibn Mājah, Kitāb al-Itq, no. 2527
[525] Bukhārī, Kitāb al-Itq, no. 3/189; Tirmidhī, Kitāb al-Aḥkām, no. 1346; Muslim, Kitāb al-Itq, no. 1501; Nasāʾī, Kitāb al-Buyūʿ, no. 4703; Ibn Mājah, Kitāb al-Itq, no. 2528
[526] Bukhārī, Kitāb al-Itq, no. 3/189; Tirmidhī, Kitāb al-Aḥkām, no. 1346; Muslim, no. 1501; Nasāʾī, Kitāb al-Buyūʿ, no. 4703
[527] Bukhārī, Kitāb al-Itq, no. 3/189; Nasāʾī, Kitāb al-Buyūʿ, no. 4702; Muslim, Kitāb al-Aymān wa al-Nudhūr, no. 48
[528] Bukhārī, Kitāb al-Itq, Bāb Idhā Aʿtaqa ʿAbdan; Muslim, Kitāb al-Aymān wa al-Nudhūr, no. 50; Nasāʾī, Kitāb al-Buyūʿ, no. 4703
[529] Tirmidhī, Kitāb al-Aḥkām, Bāb Man Malaka Dhī Raḥm Maḥram, no. 1365; Ibn Mājah, Kitāb al-Itq, Bāb Man Malaka Dhī Raḥm Maḥram, no. 2524
[530] Ibn Mājah, Kitāb al-Itq, no. 2517
[531] Bukhārī, Kitāb al-Kaffārāt, Bāb Itq al-Mudabbar; Muslim, Kitāb al-Aymān wa al-Nudhūr, Bāb Jawāz Bayʿ al-Mudabbar, no. 59
[532] Muslim, Kitāb al-Imān, Bāb Jawāz Bayʿ al-Mudabbar, no. 58; Nasāʾī, Kitāb al-Zakāt, no. 2547
[533] Muslim, Kitāb al-Aymān wa al-Nudhūr, Bāb Man Aʿtaqa Sharīkan, no. 1668; Tirmidhī, Kitāb al-Aḥkām, Bāb Fī Man Yaʿtiqu Mamālikahu, no. 1364; Nasāʾī, Kitāb al-Janāʾiz, Bāb al-Ṣalāt ʿalā Man Yaḥīfu, no. 1960; Ibn Mājah, Kitāb al-Aḥkām, Bāb al-Qaḍāʾ bi-l-Qurʿah, no. 2345
[534] Nasāʾī, Kitāb al-Janāʾiz, Bāb al-Ṣalāt ʿalā Man Yaḥīfu fī Waṣiyyatihi, no. 1930
[535] Bukhārī, Kitāb al-Shurb wa al-Musāqāt, no. 3/150; Tirmidhī, Kitāb al-Buyūʿ, no. 1244; Muslim, Kitāb al-Buyūʿ, no. 1543; Ibn Mājah, Kitāb al-Itq, no. 2529
[536] Tirmidhī, Kitāb al-Jihād; Ibn Mājah, Kitāb al-Jihād, Bāb al-Ramī fī Sabīl Allāh, no. 2812; Nasāʾī, Kitāb al-Jihād, Bāb Thawāb Man Ramā, no. 3144
[537] Nasāʾī, Kitāb al-Jihād, Bāb Thawāb Man Ramā bi-Sahmin, no. 3144
[538] Nasāʾī, Kitāb al-Jihād, Bāb Thawāb Man Ramā bi-Sahmin fī Sabīl Allāh, no. 3147; Ibn Mājah, Kitāb al-Itq, Bāb al-Itq, no. 2522
[539] Tirmidhī, Kitāb al-Waṣāyā, Bāb Fī al-Rajul Yataṣaddaq, no. 2124; Nasāʾī, Kitāb al-Waṣāyā, Bāb al-Karāhiyyah fī Taʾkhīr al-Waṣiyyah, no. 3644
[519]. Tirmidhī, Kitāb al-Buyūʿ, Bāb al-Mukātab, no. 1261; Ibn Mājah, Kitāb al-Itq, no. 2250
[520]. Bukhārī, Kitāb al-Zakāt, no. 2/158; Tirmidhī, Kitāb al-Buyūʿ, no. 1256; Ibn Mājah, Kitāb al-Itq, no. 2521; Nasāʾī, Kitāb al-Zakāt, no. 2615
[521]. Bukhārī, Kitāb al-Mukātab, Bāb Istiʿānat al-Mukātab, no. 6/199; Muslim, Kitāb al-Itq, no. 8; Nasāʾī, Kitāb al-Zakāt, Bāb Idhā Ḥawlat al-Ṣadaqah, no. 2615; Ibn Mājah, Kitāb al-Itq, Bāb al-Mukātab, no. 2021
[522]. Ibn Mājah, Kitāb al-Itq, Bāb Man Aʿtaqa ʿAbdan, no. 2526
[523]. Bukhārī, Kitāb al-Shirkah, no. 3/158; Ibn Mājah, Kitāb al-Itq, no. 2527; Muslim, Kitāb al-Imān, no. 1502; Tirmidhī, Kitāb al-Aḥkām, no. 1348
[524]. Bukhārī, Kitāb al-Itq, no. 3/190; Muslim, Kitāb al-Imān, no. 54; Tirmidhī, Kitāb al-Aḥkām, no. 1348; Ibn Mājah, Kitāb al-Itq, no. 2527
[525]. Bukhārī, Kitāb al-Itq, no. 3/189; Tirmidhī, Kitāb al-Aḥkām, no. 1346; Muslim, Kitāb al-Itq, no. 1501; Nasāʾī, Kitāb al-Buyūʿ, no. 4703; Ibn Mājah, Kitāb al-Itq, no. 2528
[526]. Bukhārī, Kitāb al-Itq, no. 3/189; Tirmidhī, Kitāb al-Aḥkām, no. 1346; Muslim, no. 1501; Nasāʾī, Kitāb al-Buyūʿ, no. 4703
[527]. Bukhārī, Kitāb al-Itq, no. 3/189; Nasāʾī, Kitāb al-Buyūʿ, no. 4702; Muslim, Kitāb al-Aymān wa al-Nudhūr, no. 48
[528]. Bukhārī, Kitāb al-Itq, Bāb Idhā Aʿtaqa ʿAbdan; Muslim, Kitāb al-Aymān wa al-Nudhūr, no. 50; Nasāʾī, Kitāb al-Buyūʿ, no. 4703
[529]. Tirmidhī, Kitāb al-Aḥkām, Bāb Man Malaka Dhī Raḥm Maḥram, no. 1365; Ibn Mājah, Kitāb al-Itq, Bāb Man Malaka Dhī Raḥm Maḥram, no. 2524
[530]. Ibn Mājah, Kitāb al-Itq, no. 2517
[531]. Bukhārī, Kitāb al-Kaffārāt, Bāb Itq al-Mudabbar; Muslim, Kitāb al-Aymān wa al-Nudhūr, Bāb Jawāz Bayʿ al-Mudabbar, no. 59
[532]. Muslim, Kitāb al-Imān, Bāb Jawāz Bayʿ al-Mudabbar, no. 58; Nasāʾī, Kitāb al-Zakāt, no. 2547
[533]. Muslim, Kitāb al-Aymān wa al-Nudhūr, Bāb Man Aʿtaqa Sharīkan, no. 1668; Tirmidhī, Kitāb al-Aḥkām, Bāb Fī Man Yaʿtiqu Mamālikahu, no. 1364; Nasāʾī, Kitāb al-Janāʾiz, Bāb al-Ṣalāt ʿalā Man Yaḥīfu, no. 1960; Ibn Mājah, Kitāb al-Aḥkām, Bāb al-Qaḍāʾ bi-l-Qurʿah, no. 2345
[534]. Nasāʾī, Kitāb al-Janāʾiz, Bāb al-Ṣalāt ʿalā Man Yaḥīfu fī Waṣiyyatihi, no. 1930
[535]. Bukhārī, Kitāb al-Shurb wa al-Musāqāt, no. 3/150; Tirmidhī, Kitāb al-Buyūʿ, no. 1244; Muslim, Kitāb al-Buyūʿ, no. 1543; Ibn Mājah, Kitāb al-Itq, no. 2529
[536]. Tirmidhī, Kitāb al-Jihād; Ibn Mājah, Kitāb al-Jihād, Bāb al-Ramī fī Sabīl Allāh, no. 2812; Nasāʾī, Kitāb al-Jihād, Bāb Thawāb Man Ramā, no. 3144
[537]. Nasāʾī, Kitāb al-Jihād, Bāb Thawāb Man Ramā bi-Sahmin, no. 3144
[538]. Nasāʾī, Kitāb al-Jihād, Bāb Thawāb Man Ramā bi-Sahmin fī Sabīl Allāh, no. 3147; Ibn Mājah, Kitāb al-Itq, Bāb al-Itq, no. 2522
[539]. Tirmidhī, Kitāb al-Waṣāyā, Bāb Fī al-Rajul Yataṣaddaq, no. 2124; Nasāʾī, Kitāb al-Waṣāyā, Bāb al-Karāhiyyah fī Taʾkhīr al-Waṣiyyah, no. 3644
3928 – It is narrated from Umm Salama (may Allah be pleased with her) that she said: The Messenger of God (peace and blessings be upon him) said to us: “If one of you has a mukātab (a slave with a contract for emancipation), and the mukātab has enough money to pay his debt, (then that person is no longer a slave, but a free and unrelated man). The female owner should veil herself from him and cover her face.” [519]
ʿĀʾisha (may Allah be pleased with her) related this to the Messenger of God (peace and blessings be upon him). The Messenger of God (peace and blessings be upon him) said to her: “Buy Barīrah and emancipate her. The walāʾ (right of clientage) of the emancipated person belongs to the one who emancipates.” Then the Messenger of God (peace and blessings be upon him) stood up and said: “What is the matter with some people who stipulate conditions not found in the Book of Allah? Whoever stipulates a condition not found in the Book of Allah, it is not binding upon him, even if he stipulates it a hundred times. The condition of Allah is more rightful and more firm.” [520]
– He can say: ‘O so-and-so, emancipate (the slave), and the walāʾ will belong to me.’ However, the right of walāʾ belongs to the emancipator. [521]
– He said: ‘I will emancipate you on the condition that you serve the Messenger of God (peace and blessings be upon him) as long as I am alive.’ I replied: ‘Even if you do not stipulate it, I will not leave the Messenger of God (peace and blessings be upon him) as long as I live.’ Thereupon, he emancipated me and stipulated service upon me. [522]
Ibn Musannā did not mention Naḍr ibn Anas. This is the wording of the hadith as narrated by Ibn Suwayd. [523]
3937 – It is narrated from Abū Hurayra (may Allah be pleased with him) that the Messenger of God (peace and blessings be upon him) said: “If a person emancipates his share in a slave, and if he has wealth, he should pay for the remaining shares and emancipate the rest. If he does not have (sufficient wealth), the slave should work (to pay off) without hardship.” [524]
3940 – It is narrated from ʿAbdullāh ibn ʿUmar (may Allah be pleased with him) that the Messenger of God (peace and blessings be upon him) said: “Whoever emancipates his share in a slave, a fair value is set for the slave, and he pays the shares of the other partners. The slave is then emancipated by him. If he cannot emancipate the other shares, only the emancipated share becomes free.” [525]
3942 – From Ibn ʿUmar, the previously mentioned hadith is narrated from the Messenger of God (peace and blessings be upon him). In the narration of Ayyūb, he said: “I do not know whether the statement ‘only the emancipated part of the slave is freed’ is narrated from the Messenger of God (peace and blessings be upon him) or is something narrated by Nāfiʿ.” [526]
3943 – It is narrated from Ibn ʿUmar (may Allah be pleased with him) that the Messenger of God (peace and blessings be upon him) said: “Whoever emancipates his share in a slave must emancipate the whole slave. If he can pay the price, let him do so. If he has no wealth, then only his share is emancipated.” [527]
“When a slave is jointly owned by two people, and one of them emancipates his share and is wealthy, a value is set for the slave, neither less nor excessive. Then, after paying this value, the slave is emancipated.” [528]
“Whoever comes to possess one of his maḥram relatives, that slave is free.” [529]
The Messenger of God (peace and blessings be upon him) said, “Who is the walī (guardian) of Ḥubāb?” It was answered: “His brother Abū al-Yasar ibn ʿAmr.” The Messenger of God (peace and blessings be upon him) sent word to him and said, “Emancipate this female slave, and when you hear that a slave has come to me, come to me.” He said: “They emancipated me. Some slaves had come to the Messenger of God (peace and blessings be upon him). In exchange for my emancipation, the Messenger of God (peace and blessings be upon him) gave them a slave.” [530]
3955 – It is narrated from Jābir ibn ʿAbdullāh (may Allah be pleased with him) that a man emancipated his slave as a mudabbar (to be freed after his death). That man had no other wealth. The Messenger of God (peace and blessings be upon him) ordered him to sell his mudabbar slave. The slave was sold for seven or nine hundred (dirhams). [531]
“Who will buy this mudabbar slave?” Nuʿaym ibn ʿAbdullāh ibn Nahḥām bought him for eight hundred dirhams. The Messenger of God (peace and blessings be upon him) gave the money to Abū Mazkūr. Then the Messenger of God (peace and blessings be upon him) said: “When one of you is poor, let him begin with himself (in charity); if anything remains, let him spend on his family; if anything remains after his family, let him spend on his relatives.” Or he said: “Let him spend on those with ties of kinship; if anything remains, then here and there (the poor of the community, then the distant poor).” [532]
A man, at the time of his death, emancipated six of his slaves at once. He had no other wealth besides those slaves. This news reached the Messenger of God (peace and blessings be upon him). The Messenger of God (peace and blessings be upon him) spoke harsh and impactful words about that man. Then he called the slaves, divided them into three groups, and drew lots among them. (By one-third calculation) he emancipated two of them. The remaining four were left as slaves. [533]
A man, at the time of his death, emancipated six of his slaves. He had no other wealth besides those slaves. This incident reached the Messenger of God (peace and blessings be upon him). The Messenger of God (peace and blessings be upon him) drew lots among the slaves and emancipated the two upon whom the lot fell, leaving the other four as slaves. [534]
3962 – It is narrated from ʿAbdullāh ibn ʿUmar (may Allah be pleased with him) that the Messenger of God (peace and blessings be upon him) said: “If a person emancipates a slave who possesses property, the property belongs to the master. If the master stipulates that the property belongs to the emancipated slave, then it is otherwise.” [535]
The narrator continued the hadith. Again, I heard the Messenger of God (peace and blessings be upon him) say: “If any Muslim emancipates a Muslim slave, Allah, the Mighty and Majestic, will save from the Fire each of his bones in exchange for each bone of the one he emancipated. If any Muslim woman emancipates a Muslim female slave, Allah, the Mighty and Majestic, will make each bone of hers a shield protecting her from the Fire on the Day of Resurrection, in exchange for each bone of the slave she emancipated.” [536]
3966 – It is narrated from Shurahbīl ibn Simṭ (may Allah be pleased with him) that he said to ʿAmr ibn ʿAbasah: “Tell us a hadith you heard from the Messenger of God (peace and blessings be upon him).” ʿAmr ibn ʿAbasah said: “I heard the Messenger of God (peace and blessings be upon him) say: ‘Whoever emancipates a believing slave, that slave will be a ransom for him from the Fire.’” [537]
Abū Dāwūd said: Sālim did not hear from Shurahbīl, for Shurahbīl died in the Battle of Ṣiffīn. [538]
3968 – It is narrated from Abū al-Dardāʾ (may Allah be pleased with him) that he said:
“The situation of one who emancipates (a slave) at the time of his death is like that of a person who donates food when he is already full.” [539]
