النص المفهرس

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COMMENTARY: This refers to a female slave and her child. It is not allowed to sell a
women slave but retain her child, or sell the child and keep its mother. He who does such a
thing will be kept away by Allah on the day of resurrection from his dear ones, like parents
or children, etc.
The ulama (Scholars) say that though the hadith mentions a mother, it applies to every near
relative like father, grandfather brother, sister, etc. from whom a child is separated.
According to the Hanafis, it is allowed to separate two young brothers from one another.
It is allowed to separate an elder child from his relatives. But, what an elder child means?
Imam Shafi'I ales, says it is seven years, or eight.
Imam Abu Hanifah ats, says that an adult is elder.
Imam Abu Hanifah alu, and Imam Muhammad ales, say that it is makruh (disapproved) to
separate a child from its mother or other such relatives. But, Imam Abu Yusuf alus, says
that it is simply not allowed to separate a child from its mother or any other dhurahm
relative (Like father, etc.) He says that it applies to all relative of dhurahm mahrams even if
not related through parentage.
(٣٣٦٢) وَعَنُ عَلِيٍّ قَالَ وَهَبَ لِيْ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ غُلَامَيْنِ آَخَوَيْنٍ فَبِحْتُ أَحَدَهُمَا فَقَالَ لِيْ
تَسْوُلُ اللّهِ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ يَا عَلِىُّ مَا فَعَلَ غُلَامُكَ فَأَخْبَرْتُه فَقَالَ رُدَّهُ رُدَّه - (رواه الترمذى وابن ماجة)
3362. Sayyiduna Ali رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم gave him as
gift two slave both brothers. He sold one of them. When Allah's Messenger can
asked him "O Ali, what did your slave do?" HE informed him (of what he had
done) , so he said, "Bring him back! Bring him back!"1
COMMENTARY: Sayyiduna Ali ca +, was instructed to annul the transaction so that the
two brothers may not be separated. The command was repeated to show that it is wajib
(obligatory) to do so and such a sale is makruh (disapproved) tahrimi. The command not to
separate the two brothers shows that not merely mother and child butother relatives too
must not be put apart.
(٣٣٦٣) وَعَنْهُ أَنَّهُ فَرَّقَ بَيْنَ جَارِيَّةٍ وَوَلَدِهَا فَتَهَاهُ النَّبِىُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ ذَالِكَ فَرَةَّ الْبَيْعَ - رَوَاءُ
أَبُوْدَاؤدَ مُنْقَطِعًا-
3363. Sayyiduna Ali us à +, is reported to have separated a female slave from her
child (by selling one and retaining the other). The Prophet صلى الله عليه وسلم forbade him
to do that, so he annulled the transaction.2
COMMENTARY: Both the foregoing traditions uphold the contention of Imam Abu Yusuf
altas, that it is not allowed to separate a child slave from its mother or father.
KINDNESS IS REWARDED
(٣٣٦٤) وَعَنْ جَابِرٍ عَنِ النَّيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ ثَلَاثْ مَنْ كُنَّ فِيْهِ يَشَرَ اللَّهُ حَتْفَهُ وَأَدْخَلَهُ جَثَّتَهْ رِفُقُ
بِالضَّحِيْفِ وَشَفَقَةٌ عَلَى الْوَالِدَيْنِ وَإِحْسَانٌ إِلَى الْمَمْلُوُكِ - رَوَاءُ التِّرِّ مِذِىُّ وَقَالَ هُذَا حَدِيْثْ غَرِيُبْ-
1 Tirmidhi # 1284, Ibn Majah # 2249, Musnad Ahmad 1-97.
2 Abu Dawud # 2696.

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3364. Sayyiduna Jabir رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "He who
possesses three characteristics will have Allah giving him an easy death and
admitting him to his paradise:
(i) kindness to the weak,
(ii) affection and love towards parents, and
(iii) kindness to slaves."1
COMMENTARY: The weak may be weak in physique, financially weak mentally weak.
Slaves should be shown kindness by treating them well, better than what is du to them.
DO NOT BEAT WORSHIPPERS
(٣٣٦٥-٣٣٦٦) وَعَنْ آَبِىِ أُمَامَةً أَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ وَهَبَ لِعَلِيٍّ غُلَامًا فَقَالَ لَّا تَضْرِبُهُ
فَإِّ ثُمِيْتُ عَنْ ضَرُبٍ أَهْلِ القَّلوةِ وَقَدْرَ أَيْتُهُ يُصَلِى هَذَا لَفْظُ الْمَصَابِيْحِ وَفِي الْمُجْتَبِى لِلدَّارِ قُطُنِي آَثَّ محُمَّرَ
بْنَ الْخُطَّابٍ قَالَ ثَّمَانَا رَسُولُ اللهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ عَنْ ضَرُبِ الْمُصَلِيْنَ-
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Umamah .3365
presented to (Sayyiduna) Ali à >, a slave and instructed him, "Do not beat him,
for, I have been forbidden to beat those who offer salah (prayer), and, indeed, I did
see him offering salah (prayer)."2
3366. Sayyiduna Umar ibn Khattab رضى الله عنه said, "Allah's Messenger صلى الله عليه وسلم has
forbidden us to beat those who offer salah (prayer)."3
COMMENTARY: The people who offer salah (prayer) are noble and meritorious in Allah's
sight and are distinct among His creatures.
Teebi als, has pointed out that since Allah has forbidden the people to beat those who
offer salah (prayer), ion this word, so we have high hopes in His mercy that, in the hereafter,
he will not punish them, insha Allah.
FORGIVE THE SLAVES
(٣٣٦٧-٣٣٦٨) وَعَنُ عَبْدِ اللهِ بْنِ عُمَرَ قَالَ جَاءَ رَجُلْ إِلَى النَّيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالَ يَا رَسُولَ اللُّهِ كَهُ
نَعْفُوْ عَنِ الْخَادِمِ فَسَكِّتَ تُؤَّ أَعَادَ عَلَيْهِ الْكُلَامَـ فَصَمَتَ فَلَمَّا كَانَتِ الَّعَالِقَةُ قَالَ أُعْفُوْا عَنْهُ كُلَّ يَوْمٍ سَبُعِيْنَ
مَرَّةُ رَوَاهُ أَبُوْدَاوُدَ وَرَوَاهُ التِّزْ مِذِىُّ عَنْ عَبْدِاللُّهِبْنِ عَمْروٍ۔
3367. Sayyiduna Abdullah ibn Umar uckl +, narrated that a man came to the Prophet
(and asked, "O Messenger of Allah, how often may we forgive (our صلى الله عليه وسلم
servant (and slaves)?" But, he said nothing. Then the man repeated the words to
him but he maintained silence. When he asked the third time. When he asked the
third time, he said, "Forgive him seventy times every day."4
3368. Sayyiduna Abdullah ibn Amr uch +, narrated ... 5 (the same hadith).
1 Tirmidhi # 2494.
2 Musnad Ahmad 5-258.
3 Daraqutni # 8 (Tashdid fit ark asalah)
4 Abu Dawud # 5164, Musnad Ahmad 2-111.
5 Tirmidhi # 1949, (By both Ibn Umar & Ibn Amr)

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COMMENTARY: The word 'seventy times' do not limit the number to seventy. The Arabs
use this figure to denote 'very many.' Hence, the servants must be pardoned very often,
innumerable times.
The prophet صلى الله عليه وسلم did not answer the question straightaway because it was an
inappropriate enquiry. Forgiving someone is a mustahab (desirable) and desirable thing and
should not be limited t o any number of times.
Or, perhaps the Prophet صلى اللهعليه وسلم awaited a revelation in this regard.
AN ADVICE CONCERNING SLAVES
(٣٣٦٩) وَعَنْ أَبٍ ذَرٍ قَالَ قَالَ تَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنْ لَاتَمَكُمُ مِنْ مَمْلُؤْكِكُمْ فَأَطْعِمُوْ مِمَّا
تَأْكُؤْتَ وَاكْسُوْهُ مِمَّا تَكْسُوْنَ وَمَنُ لَا يُلَائِمُكُمُ مِنْهُمْ فَبِيْعُوْهُ وَلَّا تُعَذِّبُوا خَلَقَ اللَّهِ(رواه احمد وابوداؤد)
3369. Sayyiduna Abu Dharr رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
'Those of your slave who obey and serve you (as you desire, and are suited to your
desire, and are suited to your temperament) , feed them from what you eat and
clothe them from what you wear. Those of them who do not suit your temperament,
sell them and do not punish (and do not hurt) the creatures or Allah."1
BE KIND TO ANIMALS
(٣٣٧٠) وَعَنْ سَهْلِ بُنِ الْمُنْظَلِيَّةِ قَالَ مَرَّ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ بِبَحِيْرٍ قَدْ لَحِقَ نَهْرُهُ بِبَطْنِهِ فَقَالَ
اتَّقُوا اللهَ فِي هذِهِ الْتَهَائِمِ الْهُمْجَمَةِ فَارُكَبُوهَا صَالِحَةً وَاتُرُ كُوهَا صَالِحِهً۔(رواهابوداؤد)
صلى الله عليه وسلم Sayyiduna Sahl ibn Al-Hanzaliyah narrated that Allah's Messenger .3370
passed by a camel that was skin-and-bones. So, he said, "Fear Allah concerning
these dumb animals. Ride them when they are strong and capable; (of carrying
riders) and let them go about when they are sound (and not tired)."2
COMMENTARY: It is wajib (obligatory) on the owner to provide enough thay and water to
his animals who cannot complain or ask for anything
The animals should be mounted only when they are strong enough to take a rider. Before
they get tired, they must be allowed to graze and drink and rest. In that way, they will
become strong.
SECTION III
الفَصلُ الثَّالِثُ
ABOUT AN ORPHAN'S PROPERTY
(٣٣٧١) وَعَنِ ابْنِ عَبَّاسٍ قَالَ لَمَّا نَزَلَ قَوْلُهُ تَعَالى وَلَّا تَقْرَبُوْا مَالَ الْيَّتِيُمِ إِلَّا بِالَّتِ هِىَ أَحْسَنُ وَقَوْلُهُ تَعَالى
إِّ الَّذِيْنَ يَأكُونَ أَهْوَالَ الْيَشْهِى كُلُمَّا الْآيَةُ إِنْطَلَقَ مَنْ كَانَ عِنْدَهُ يَتِيْهُ فَعَزَّلَ طَعَامَهُ مِنْ طَعَامِهِ
وَشَرَابَهُ مِنْ شَرَابٍ فَإِذَا فَقَلَ مِنْ طَعَامِ الْيَّتِيْمِ وَشَرَابِهِ شَىءٍ حُبِسَ لَهُ حَتَّى يَأْكُلَهُ أَوْ يَفْسُدَ فَاشْتَدَّ ذَالِكَ
عَلَيْهِمْ فَذَكَّرُ وا ذَلِكَ لِرَسُولِ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ فَأَنْزَّلَ اللهُ تَعَالِى وَيَسْأَلُوْنَكَ عَنِ الْيَشْفِى قُلْ إِصْلَامٌ
1 Abu Dawud # 5157, Musnad Ahmad 5-168.
2 Abu Dawud # 2548, Musnad Ahmad 4-180.
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لَّهُمْ خَيْ، وَإِنْ تُخَالُِؤْهُمْ فَإِخْوَانُكُمُ، فَخَلَطُوْا طَعَامَهُمُ بِطَعَا مِهِمْ وَشَرَابَهُمُ بِشَرَابِهِمُ-
(رواه ابوداود والنسائى)
3371. Sayyiduna Ibn Abbas wca +, narrated that when Allah's words were revealed.
وَلَا تَقْرَ بُوْا مَالَ الْيَتِيْمِ إِلَّ بِالَّتِيْ هِىَ أَحْسَنُ(6:152)
And his words:
إِّ الَّذِينَ يَأْكُونَ أَهْوَالَ الْيَتْفِى ◌ُظُلُهَا الْآيَةُ (4:10)
any one who had an orphan in his care (became extremely cautions and) went and
separated his food and drink from his. So much so that if any of the food and drink
of the orphan was left over, he kept that aside for him until he ate it (the test time)
or it rotted (However,) they (these guardians) found this thing very taxing or them
and told Allah's Messenger صلى الله عليه وسلم about it and Allah revealed the verse:
وَيَسْئَالُؤْنَكَ عَنِ الْيَشْهِى قُلْ إِصْلَاْ لَّهُمْ خَيْرٌ، وَإِنْ تُخَالِطُوْهُمُ فَإِخْوَانُكُمُ (٢:٢٢٠)
So they put together their food and their drink with theirs.
The translation of the verse respectively are:
وَلَّا تَقْرَبُوْا مَالَ الْيَّتِيْمِ إِلَّ بِالَّتِىِ هِىَ أَحْسَنُ
{And approach not the wealth of the orphan, save with that which is best ... } (6: 152)
إِثّ الَّذِيْنَ يَأْكُلُوَ أَهْوَالَ الْيَتْهِى ظُلُهَا إِنَّمَا يَأْكُلُونَ فِعْ بُوْنِهِمْ نَارًا وَسَيَصْلَوْنَ سَعِيْرًا - (النساء ): ١٠)
{Surely those who devour the possessions of orphans wrongfully, devour fire in
their bellies. And they shall enter a blazing fire} (4: 10)
وَيَسْتَلُؤْنَكَ عَنِ الْيَتَافِى قُلْ إِصْلَامْ أَّهُمْ خَيْرٌ وَإِنْ تُخَالِطُوُهُمْ فَإِخْوَانُكُمْ وَاللّهُ يَعْلَمُ الْمُفْسِدَ مِنَّ الْمُصْلِحِ
وَلَوْ شَاءَ اللَّهُ لََّ عْنَكُمْ - (البقرة ٢: ٢٢٠)
{And they ask your concerning the orphans. Say "To set their (affairs) aright is
good." And yet if you intermix with them, they are your brethren. And Allah knows
well the mischief maker from the right doer. And had Allah willed, he would have
been hard upon you.]1 (2: 220)
COMMENTARY: The gist of the hadith is that when the verses of the Quran (6: 152 and 4:
10) were revealed, the word of the guardians increase and become difficult. At the same
time, the property of the orphans was wasted.
The guardians brought their predicament to the notice of the prophet صلى اللهعليه وسلم and Allah
alleviated their difficulty but warned them that they must remain honest and well-wishing.
Allah knows well the mischief maker from the right doer. If anyone was dishonest then he
would be punished severely.
It is reported that a student of Imam Muhammad als, died. He sold the student's books and
paid for his shrouding and burial. Some people asked him, "Your student had not given
instructions for this action. Why did you do it?" In answer, he recited this verse up to:
1 Abu Dawud # 2548, Musnad Ahmad 4-180.
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وَاللهُ يَعْلَمُ الْمُفْسِدَ مِنَ الْمُصْلِحِ
{And Allah knows well the mischief-maker from the right-doer} (2: 220)
DO NOT SEPARATE FATHER & SON
(٣٣٧٢) وَعَنْ أَبِيْ مُؤْسِى قَالَ لَعَنَ رَسُوْلُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنْ فَرَّقَ بَيْنَّ الوَالِدِ وَوَلَدِهِ وَ بَيْنَ الْآَخِ
وَبَيْنَ آَخِيْهِ- (رواه ابن ماجة والدار قطنى)
3372. Sayyiduna Abu Musa wca +, narrated that Allah's Messenger invoked a curse
on him who separates father from his son and a brother from his brother.1
COMMENTARY: To 'separate the two means to sell one of them or give him as a gift to
someone, the son or one of the brothers is a child. This has been explained in the hadith of
(2361 #) رضى الله عنه Abu Ayyub
Of course, 'to separate' them could also mean 'to set one against another' so that they sever
ties of kinship.
(٣٣٧٣) وَعَنْ عَبْدِ اللَّهِ ابْنِ مَسْمُوْدٍ قَالَ كَاتَ النَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِذَا أُتِ بِالسَّهِي أَعْلَى أَهْلَ الَبَيْتِ
جَمِيْهَا كَرَاهِيَّةً أَنْ يُفَرِّقَ بَيْنَهُمُ - (رواه ابن ماجة)
3373. Sayyiduna Abdullah ibn Mas'ud « a », narrated that when captives were
brought to the prophet صلى الله عليه وسلم (from a battle, for example) , he gave whole
families (to anyone) out of dislike for separating them.2
(Meaning, he did not separate their members by giving them to different people.)
THE BAD PEOPLE
(٣٣٧٤) وَعَنْ آَبٍ هُرَيْرَةَ آَكَّ رَسُولَ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ أَلَّا أُنَّبِّئُكُمْ بِشِرَارِ كُمُ الَّذِى يَأْكُلُ
وَهُدَهُ وَيَجْلِدُ عَبْدَ، وَيَمْنُّ ڕِفْدَه-(رواهرزین)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3374
asked, "Shall I not tell you who your evil ones are? They are those who eat alone,
beat their slaves and deny favours (to others)."3
COMMENTARY: This hadith lists some things that are disliked and bad. So, those people
who have them as their traits are evil. The bad mannered and the niggardly are evil.
Ibn Asakir has presented a tradition from Mu'awiyah s a >, in Jami Saghir that the
prophet صلى اللهعليه وسلم asked, "Shall I not inform of the evil people?" He is bad who eats alone,
does not let anyone derive benefit from him, travels alone and beats his slave (unjustly).
Shall I not tell you who is worse than him? He is worse who detests people and people
dislike him. And, shall I not tell you of one who is worse than him? He is worse than him of
whose mischief people are scared and except no good from him. And, Shall I not tell you of
one who is worse than him? He is who barters his hereafter for the present world. And
1 Ibn Majah # 2250, Daraqutni.
2 Ibn Majah # 2248.
3 Razin.
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shall I not tell you who is worse than this man? He is the one who earns the worldly
possessions through religion.
TREAT SLAVES AS CHILDREN & BROTHERS
(٣٣٧٥) وَعَنْ آتٍ بَكْرِبِ القِّدِّيْقِ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا يَدْ خُلُ الْجَنَّةَ سَمِّ الْمَلَكَّةِ
قَالُوا يَا رَسُولَ اللهِ أَلَيْسَ أَخْبَرْتَنَّا أََّ هَذِهِ الْأُمّةَّ أَكْثَرُ الْأُمَمِ مَمُلُؤْكِيْنَّ وَيَتَافِى قَالَ نَعَمُ فَأَكُرِمُؤْهُمْ
كَكَّرَامَةٍ أَوْلَادِ كُمْ وَأَطْعِمُوْ هُمْ مِمَّا تَأْكُونَ قَالُوا فَمَا تَنْفَهُنَا الدُّنْيَا قَالَ فَرَسْ تَرْتَبِظُهُ تُقَاتِلُ عَلَيْهِ فِيْ
سَبِئْلِ اللهِ وَمَمْلُوْكْ يَكُفِيْتَ فَإِذَا صَلَّى فَهُوَ آَخُوْكَ - (رواه ابن ماجة)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Bakr as Saddiq .3375
, said, "He shall not enter paradise who treats his slaves badly." They (the
sahabah) «sås+, asked, "O Messenger of Allah, did you not tell us that this (your)
umah will have more slaves and orphans than other ummah?" He said, "Yes, So
keep them dear to you as you Have your children dear to you, and feed them out of
what you eat." Then they asked, "O Messenger of Allah, what is it that would
benefit us in this world?" He said, "A horse that you keep tethered (ad ready) to
fight on it in Allah's path, and a slave who suffices (caring for your worldly tasks so
that you may find time to devote to tasks of the hereafter). When he offers salah
(prayer), he is your brother."1
COMMENTARY: Jihad would be waged often, So very many captives would be taken. So,
too, Muslims would be martyred and their children will be orphaned.
1 Ibn Majah # 3691.

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CHAPTER - XIX
ADOLESCENCE (OR PUBERTY) &
BRINGING UP CHILDREN
بَابُ بُلُوُع الصَّغِيْرِ وَحِضَانَتِهِفِى الصِّغْرِ
In this chapter we shall mention the signs of puberty in a boy and a girl. We shall also point
out who is responsible to train and raise a child.
SIGNS & AGE OF PUBERTY: The sign of boy's adolescence is that he gets nocturnal
emissions and becomes capable for reproduction and of ejaculation.
The sign of a girl's maturity is that she experiences menstruation, get nocturnal dreams and
can become pregnant.
If these signs are not fund, then they are treated as nature at the age of fifteen years. The
edict is according to this and the minimum age of which a boy matures is twelve years, and
a girl at nine years.
If they are near attaining puberty and they say that they are mature, then they will be
believed. They will be regarded as such in Shari'ah (divine law).
WHO BRINGS UP A CHILD: The mother has the greatest right to bring up her child,
irrespective of whether her marriage is intact or she is divorced. But, if she has apostated or
is wicked and bad charactered then she does not have the greatest right. If she is divorced
and refuses to rear her child, then she will not be compelled because she might be unable
and helpless to do it, but if there are no uterine relatives then she must be forced to bring
up the child rather than let the child get lost.
If the mother (who is divorced or widowed) marries another man who is not a mahram
relative of the child, then she will be have the greatest right to bring up the child. If she
marries a mahram (of the child), like its paternal uncle then her right will not be withdrawn.
Again, if the mother marries a man who is not the child's mahram and loses the (greatest)
right to rear the child and afterwards is divorced by her second husband or is widowed
and marries a man who is the child's mahram then she acquires back the right to raise the
child, more than anyone else.
If a child's mother loses her right to raise it, or dies, then the next greatest right to rear the
child rests with its maternal grandmother. If she is not alive, then it will go to the maternal
great grandmother and so on up the ladder. After them, the right rests with the paternal
grand mother and so on.
In their absence, the right to raise the child rest with its sister (real) followed by half sister,
step sister, maternal aunt, paternal aunt and sisters daughters and brother's daughters. The
daughters of the sister will have a greater right than paternal aunts (father's sister).
The relatives enumerated here as eligible to raise a child must necessarily be free woman. A
female slave and an umm walad have no right to raise a child. However, a dhimmi woman
has a right to raise a child provided it has not attained an age of understanding religion.
When there is no woman eligible to raise the child, then the right rests with the asbah (male
relatives on the father's side) according to the same sequence as their eligibility for
inheritance. However, a girl will not be handed over (to be raised) to a paternal relative
who is not a mahram, like a paternal cousin, or to an indecent or careless boy.
LIMIT OF RIGHT TO RAISE CHILD: The limit of the right to raise a child is its age of
nine or seven years.
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According to Quduri, the right to raise a male child ends when the child can eat and drink
by himself, wear his garments and make istinja, or cleanse himself. Thereafter, his father
can take the child in his custody forcibly. As for a female child, her mother and maternal
grandmother will remains eligible to raise her till she begins to have monthly periods.
Imam Muhammad says that her mother and grandmother remain eligible to raise
daughter till she can have sexual intercourse. When that happens, her mother, maternal
and paternal grandmothers and other women lose the right to raise her.
SECTION I
الفضلُ الْأَوَّلُ
ADULTHOOD AT FIFTEEN YEARS
(٣٣٧٦) وَعَنِ ابْنِ عُمَرَ قَالَ عُرِضْتُ عَلَى رَسُولِ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَامَ أُحُدٍ وَأَنَا ابْنُ أَرْبَعَّ عَشَرَةَ سَنَةً
فَرَدَّنِ ثُّ عَرَضُتُ عَلَيْهِ عَامَ الْخُنْدَقِ وَأَنَا ابْنُ خَمْسَ عَشَرَةَ سَنَّةً فَأَجَازَنِ فَقَالَ عُمَرُ ابْنُ عَبْدِالْعَزِيزِ هذَا
فَرْقُ مَا بَيْنَّ الْمُقَاتِلَةِ وَالذُّرِيَّةِ . (متفق عليه)
صلى الله عليه وسلم said: I was taken to Allah's Messenger رضى الله عنه Sayyiduna Ibn Umar .3376
in the year of Uhud (3 AH to participate in jihad) when I was fourteen years old, but
he sent me back. Then, I was taken to him in the year of Khundaq (battle of
Trenches) when I was fifteen years old and he permitted me (to participated in the
battle - the jihad).
Sayyiduna Umar ibn Abdul Aziz àluz, said, "This distinguishes the warriors from
the children."1
COMMENTARY: This is evidence that the age of adult hood is fifteen years.
THE QUESTION OF RAISING DAUGHTER OF HAMZAH LÀ+
(٣٣٧٧) وَعَنِ الْبَرَاءِ ابْنِ عَازِبٍ قَالَ صَالَةَ النَِّيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَوْمَ الْحُدَيْبِيَّةِ عَلَى ثَلَاثَةٍ أَشْيَّاءٍ عَلَى آَّ مَنْ
آتَاهُ مِنَّ الْمُشْرِ كِيْنَ رَدَّهِ إِلَيْهِمْ وَمَنْ أَتَاهُمُ مِنَ الْمُسْلِمِيْنَّ لَمْ يَرُدُّوهُ وَعَلَى أَنْ يَدْخُلَهَا مِنْ قَابِلٍ وَيُقِّمُ بِهَا ثَلَائَةً
آَيَّامٍ فَلَمَّا دَخَلَهَا وَمَفَى الْآَجَلُ خَرَجَ فَتَبِعَتْهُ إِبْنَةُ حَمْزَةً تُنَادِى يَا عَِّ يَّا عَّ فَتَنَا وَلَّهَا عَلِيٍّ فَأَخَذَ بِيَدِهَا فَاخْتَصَمْ
فِيْهَا عَلِيٍّ وَزَّيُدْ وَجَعْفَرْ فَقَالَ عَلِىّ أَنَا آَخَذْتُهَا وَهِىَ بِنْتُ عَِّّىٍ وَقَالَ جَعْفَرْ بِئْتُ عَبِىِ وَخَالَتُّهَا تَحْتِّى وَقَالَ زَيْدْ بِنْتُ
آَخِيْ فَقَفَى بِهَا النَّبِىُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ◌ِقَالَتِهَا وَقَالَ الْحَالَةُ بِمَنْزِلَةِ الْأُمِّ وَقَالَ لِعَلِيٍّ أَنْتَ مِّئْ وَأَنَا مِنْكَ وَقَالَ
◌ِجَعْفَرٍ اشْتَهْتَ خَلْقِيٍ وَخُلُقِى وَقَالَ لِزَيْدٍ أَنْتَ آَخُوْنَا وَمَوْلَانَا- (متفق عليه)
3377. Sayyiduna Al-Bara ibn Aazib us a >, narrated that on the day of al
Hudaybiyah the Prophet صلى الله عليه وسلم made peace (with the infidels of Makkah) on
three conditions that:
(i) If any of the polytheists came to him, he would send him back to them (the
Makkans).
(ii) If any of the Muslim came to them, they would not send him back (to him) , and,
1 Bukhari # 2664, Muslim # 91-1868, Tirmidhi # 1366, Ibn Majah 2543.

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(iii) He would be allowed to enter Makkah next year and stay in it for (only)
three days (and perform the redeeming umrah).
So, when he entered it and the (agreed) period was over and he set out, the daughter
رضى الله عنه followed him, calling "Uncle! O Uncle!" Ali رضى الله عنه of (Sayyiduna) Hamzah
رضى الله عنه and Ja'far رضى الله عنه Zayd , رضى اله عنه held her hand (to take her along). Then Abu
disputed about her (each claiming right to raise her). So, Ali us Àn +, said, "I have
· taken her (already) and she is the daughter of my paternal uncle (and I have a
greater night to raise her)." Ja'far us an +, said, "She is the daughter of my brother
and her maternal aunt is my wife (so I have more right to raise her)." And, Zayd ~+)
us au said, "She is the daughter of my brother." (And, he too claimed the night to
bring her up.) Then, the Prophet صلى الله عليه وسلم decided about her in favour of her
maternal aunt (who was the wife of Jafar) رضى الله عنه. He said, "The maternal aunt is
like the mother." Then, he said to Ali can>, You belong to me are I belong to you."
(He meant that both of them were perfectly sincere and of one mind). And, he said
, رضى الله عنه you resemble me in appearance and nature." And, to Zayd", رضى الله عنه to Jafar
so said, 'You are our brother and our dear one."1
COMMENTARY: Hudaybiyah is about fifteen miles from Makkah towards jiddah (waiting
period). In 6 AH, the prophet صلى الله عليه وسلم left Madinah, alongwith his sahabah (Prophet's
Companions) رضى الله عنهم , to performs umrah at Makkah. However, at Hudaybiyah, the
idolaters obstructed his passage.
There, the peace treaty of Hudaybiyah was concluded between the prophet صلى الله عليه وسلم and
the idolaters of Makkah as stated in the hadith in brief.
We shall speak on it at length in the Book of jihad, Insha Allah.
Hamza رضى الله عنه was the Prophet's رضى الله عنه paternal uncle and faster brother. Both of them
had been suckled by Thawbiyah, the female slave of Abu Lahab. This is why the daughter
of Hamzah رضى الله عنه called the prophet صلى اللهعليه وسلم uncle.
Jafar رضى اله عنه was the paternal cousin of the prophet صلى الله عليه وسلم. He was the son of Abu
Talib and brother of Ali رضى الله عنه, ten years his senior.
Zayd ibn Thabit رضى الله عنه was a slave whom the Prophet صلى اللهعليهوسلم has set free, and adopted
him as a son. The Prophet صلى الله عليه وسلم loved him very much. The Prophet صلى الله عليه وسلم had
رضى Hence, Zayd . رضى الله عنه and Zayd رضى الله عنه established bonds of fraternity between Hamzah
.his niece رضى الله عنه called the daughter of Hamzah الله عنه
Ali رضى الله عنه took the daughter of Hamzah رضى الله عنه to Madinah but the three men contended
with each other on he question of the custody of the child and her maintenance. The
Prophet صلى الله عليه وسلم entrusted her to her maternal aunt who was Ja'far's رضى الله عنه wife and he
spoke words of encouragement to each of them.
SECTION II
الفضلُ الثَّانِى
MOTHER HAS MORE RIGHT
(٣٣٧٨) وَعَنْ عَمْرُوِ بُنِ شُعَيْبٍ عَنْ أَبِّهِ عَنْ جَدٍِّ عَبْدِ اللّهِ بْنِ عَمْرٍ و ◌َكَّ امْرَأَةً قَالَكُ يَا رَسُوْلَ اللَّهِاِّ
1 Bukhari # 2700, Muslim # 90-1783, Tirmidhi # 1911.
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ابْنِى هَذَا كَاتَ بَطْنِى لَهُ وِعَاءٍ وَثَدْيِ لَهُ سِقَاءً وَحِجُرِىٌ لَهُ حِوَاءً وَإِّ آبَاهُ طَلَّقَنِيْ وَأَرَادَ اْ يَنْزِعَهُ مِنِّى
فَقَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَنْتِ آَحَقُّ بِهِ مَا لَمْ تَنْكِچى- (رواه احمد وابوداود)
3378. Sayyiduna Amr ibn Shu'ayb alus, reported from his father (Shu'ayb) al tas,
from his grandfather Abdullah ibn Amr us à >, that a woman submitted, "O
Messenger of Allah, this my son! My womb was a vessel for him (for a period of
time) , my breasts were a water-skin for him (and I suckled him) and my lap was a
cradle for him. His father has (now) divorced me and intends to snatch him from
me." Allah's Messenger صلى الله عليه وسلم said, "You have more right to him (than anyone
else has) as long as you do not marry."1
COMMENTARY: The hadith that follows (# 3379) quotes the Prophet ,lean . as giving
option to the boy of stay with his father or with his mother. Teebi explains that perhaps the
son mentioned in this hadith may have been a minor child not of understanding age and
the one in the next could have been of a discerning age.
As for the condition 'as long as you do not marry.' The ulama (Scholars) say that it means
marriage to a non mahram of the child. If she marries a man who is a mahram relative of
the child, like his paternal uncle, then she retains the right to raise her son because this man
is expected to b kind to the child.
CHOICE TO CHILD
(٣٣٧٩) وَعَنْ آبيْ هُرَيْرَةَ آَّ رَسُولَ اللهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ خَيََّ غُلَامًا بَيْنَ آَيْهِ وَأُقِه- (رواه الترمذى)
3379. Sayyiduna Abu Hurayrah cl+, narrated that Allah's messenger gave choice
to a boy (to choose) between his father and his mother (to stay with either of them).2
COMMENTARY: This has been explained in the commentary against the previous hadith.
In that case, the question was about a child being raised and nurtured. So, the Prophet at.
.gave preference to the mother عليهوسلم
Imam Abu Hanifah als, rules accordingly. He says that during the period of nurturing the
child has no choice.
Imam Shafi'I ales, says that the child may exercise the option even during the time he
is fostered.
(٣٣٨٠) وَعَنْهُ قَالَ جَاءَتِ امْرَأَةٌ إِلَى رَسُولِ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالَتْ إِّ زَوْجِ يُرِيْدُاَنْ يَذْهَبَ
بِابْنِيُ وَقَدْ سَقَانِ وَنفَعَنِيْ فَقَالَ النَِّيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ هذَا أَبُوْكَ وَهْذِهِ أُمّتَ فَخُذُّ بِيَدِ آَتِهِمَا شِئْتَ
فَأَخَذَ بِيَدِ اقِّه فَانْطَلَقَتُ بِه۔ (رواه ابوداود والنسائى)
3380. Sayyiduna Abu Hurayrah ws a +, narrated that a woman came to Allah's
Messenger صلى الله عليه وسلم and complained that her husband intended to take away
from her their son and, 'indeed, he provided him water and other benefits (having
attained such age). The Prophet ,,led Lo said, "This is your father and this is your
mother. Take the hand of whichever of the too you wish (to go with)." He took the
1 Abu Dawud # 2276, Musnad Ahmad 2-182.
2 Tirmidhi # 1362, Musnad Ahmad 2-246.

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hand of his mother. She then went away with him.1
SECTION III
الفصل الثالث
(٣٣٨١) وَعَنْ هِلَالٍ بُنِ أُسَامَةَ عَنْ آنِيْ مَيْمُوْنَةً سُلَيْمَاتَ مَوْلَى لِأَهْلِ الْمَدِيْنَةِ قَالَ بَيْتَمَا أَنَا جَالِسْ مََّ آنٍ
هُرَيْرَةَ جَاءَتُهُ إِنْرَ أْ فَارِسِيَّةْ مَعَهَا إِبْنْ لَهَا وَقَّدٌ طَلَّقَهَا زَوُجُهَا فَاذَّعَيَاءُ فَرَطَنَتْ لَهْ تَقُولُ يَا آتَاهُرَيْرَةَ زَوْجِئْ
يُرِيدُ أَنْ يَذْهَبَ بِابْنِيْ فَقَالَ أَبُوُ هُرَيْرَةَ اسْتَهِمَا عَلَيْهِ رَظَنَ لَّهَا بِذَّالِكَ فَجَاءِ زَّوْجُهَا وَقَّالَ مَنْ مُجَاقُّتِى فِى
ابِِّى فَقَالَ أَبُوُهُرَيْرَةَ اَللَّهُؤَّ أَنِِّ لَا أَقُولُ هُذَا إِلَّ إِنْ كُنْتُ قَاعِدًا مَعَ رَسُولَ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَأَتَتَّهُ
اهْرَ أَنَّ فَقَالَتْ يَا رَسُولِ اللُّهِ إِثَّ زَوْجِىُ يُرِيِّدُ اْ يَذْهَبَ بِابْنِى وَقَدْ نَفَعَنِىْ وَسَقَانِىٌ مِنْ بِشْرِآَبٍ عَلَبَةً
وَعِنْدَ النَّسَائِّ مِنْ عَذْبِ الْتَاءِ فِقَالَ رَسُولُ اللّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ اسْتَهِمَا عَلَيْهِ فَقَالَ زَوْجُهَا مَنْ يُجَاقُتِ فِى
وَلَدِيْ فَقَالَ رَسُولُ اللَّهِ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ هُذَا أَبُوْكَ وَهْذَهِ أُّكَ فَخُذُّ بِيَدِ آَتِهِمَا شِئْتَ فَأَخَذَ بِيَدِ اُقِهِ
رَوَاهُ أَبُوْدَاؤدَ وَالنَّسَائِىُّ لَكِنَّهُ ذَكَرَ الْمُسْنَدٌ وَرَوَاهُ الدَّارِمِّ عَنْ مِلَالٍ بُنِ اُسَامَةً۔
3381. Sayyiduna Hilal ibn Usamah رضى الله عنه narrated from Abu Maymunah
Sulayman, رضى الله عنه the freedman of (one of) the people of Madinah. He said that
while he was seated with Abu Hurayrah wsdl+, a Persian woman came to him. She
had her son with her. Her husband had divorced her, and both of them claimed
(custody of) the child. She spoke to him in Persian that her husband wished to take
away their son from her. So, Abu Hurayrah usd +, advised her to cast lots, speaking
in alien language. Then her husband came and protested, "who is disputing with
me about my son?" Abu Hurayrah ws à +, said, "O Allah! I do not say so (on my
own) , but I was sitting with Allah's Messenger صلى الله عليه وسلم when a woman came to
him and pleaded, 'O Allah's Messenger, my husband intends to take away my son
who benefits me and draws water for me from the well of Abu 'Inaba' (Here, Nasa'I
has 'from sweet water.') Allah's Messenger صلى الله عليه وسلم said (The two of you) cast
lots for him. The husband protested, 'who disputes with me about my son?' Allah's
Messenger صلى الله عليه وسلم said (the boy). "This is your father and this is your mother.
Take whichever of the two you wish by the hand, He took the hand of his mother."2
COMMENTARY: This hadith discloses that some of the sahabah (Prophet's Companions)
.did know the. languages of the non Arabs رضى الله عنهمم
The boy mentioned in this hadith was also an adult so he was given the choice. It is clear
that he was an adult because he fetched water from a far off place, outside the city. No
mother would send a minor to fetch water from a distant place.
1 Abu Dawud # 2277, Nasa'i # 3496, Ibn Majah # 2351, Darimi # 2293.
2 Abu Dawud # 2277, Nasa'i # 3526, Darimi # 2293.

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بسم الله الرحمن الرحيم
BOOK - XIV
(AL-ITQ) EMANCIPATION
SETTING A SLAVE FREE
كِتَابُ العِثْقِ
STATUS OF EMANCIPATION IN SHARI'AH (DIVINE LAW): From the point of view
of Shari'ah (divine law), freedom is a faculty of wisdom that lets man have his inherent
right. He thus becomes eligible to take over as master, leader or one worthy of bearing
testimony. If this inherent right of anyone is taken away from him when he is enslaved and
then he is set free and the right is restored to him the faculty of wisdom enables him to be
eligible to act as a master, leader and witness. Also he gets the ability to dictate others and
prevent others from dictating to him. He stands among the independent men.
PREREQUISITE FOR SETTING FREE: To set a slave free, the person who sets him or
her free must be reposed with authority, be independent, adult sane and owner of the
slave he sets free.
KINDS OF FREEDOM: In some cases it is wajib (obligatory) to set a slave free, like when
making an expiation.
In some cases it is a sin. Examples are when there is a likelihood of his fleeing to enemy
territory, or apostating, or turning into a thief or robber.
In some cases, it is permissible, like a slave is released to consign reward to someone.
In some cases, it is a worship. It is when a slave is set free for Allah's sake, to please him.
SECTION I
الفَضلُ الْأَوَّلُ
REWARD ON EMANCIPATING SLAVE
(٣٣٨٢) عَنْ أَبٍ هُرَيْرَةً قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنْ أَعْتَقَ رَقَّبَةٌ مُسْلِمَةٌ أَعْتَقَّ اللَّهُ بِكُلِّ عُقْسٍ
مِنْهُ ◌ُضْوًّا مِنَ النَّارِ حَتَّى فَرُجَهُ بِفَرُجِهٍ- (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3382
said, "If any one set free a Muslim slave, then Allah will set free from hell against
every limb of the slave a limb of his, so much so that against his sexual organs his
sexual organs."1
COMMENTARY: The slave has been defined as Muslim because the reward would
increase, for, otherwise there is a reward in releasing from slavery any slave.
The ulama (Scholars) say because of the specific mention of sexual organs that it is better
for a man to set free a man slave and for a woman to set free a woman slave.
BETTER TO FREE EXPENSIVE & FAVOURITE SLAVE
(٣٣٨٣) وَعَنْ آَبٍ ذَرٍ قَالَ سَأَلْتُ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَىُّ الْعَمَلِ أَفْضَلُ؟ قَالَ إِيْمَاْ بِاللّهِ وَجِهَادُ فِى
1 Bukhari # 6715, Muslim # 23-1509, Tirmidhi # 1541, Musnad Ahmad 2-447.
=

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سَبِيْلِهِ- قَالَ قُلْتُ فَأَىُّ الرِّقَابِ آَفْضَلُ قَالَ آغْلَاهَا ثَّمَنًّا وَأَنْفَهُهَا عِنْدَ أَهْلِهَا قُلْتُ فَإِنْ لَمْ أَفْعَلُ قَالَ تُمِيْنُ
صَانِكًا أَوْ تَمْنَهُ لِأَخْرَقَ قُلْتُ فَإِجْ لَمْ أَفْعَلْ قَالَ تَدَهُ النَّاسَ مِنْ الشَّرِّ فَإِنَّا صَدَقَةٌ تَصَدَّقُ بِهَا عَلى
نَفْسِكَ- (متفق عليه)
صلى الله عليه narrated that he asked the Prophet رضى الله عنه Sayyiduna Abu Dharr .3383
, "Which deed is best?" He said, "Faith in Allah and waging jihad in his
path." He then asked, "Which slave is best (to set free)?" He said, "The most
expensive and the dearest to the owner." He asked, "And, if I am unable to do
that?" (Because I may not afford such a slave?) He said, "Help one who makes
(something), or make (something) or one who cannot make it." He asked, "And,
if I cannot do it?" He said, "Spare the people from (Your) mischief. It is a charity
that you make to yourself.1
COMMENTARY: It is very obvious that faith is the best deed. Without it no deed would be
worthwhile.
Jihad gives strength to religion. Muslim become supreme through it.
As for salah (prayer) and fasting they are excellent from another angel. This hadith does not
mean to compare jihad with them. Jihad could also mean 'to toil heard, 'strive to the utmost,
'effort,' 'exertion.' And it is applied both to jihad in Allah's path, war, and also to other forms
of worship. Thus doing what we are commanded to do and obstaining from what we are
forbidden entails strenuous effort and this is jihad akbar (the greatest from of jihad).
The meaning of the Prophet's ,lean . saying, therefore, is that the best action is to have
faith and to act on the demands of faith. It is as we are told
قُلُ أُمَنْتُ بِاللَّهِ ثُؤَّ اسْتَقِمُ
(Say 'I believe in Allah then be steadfast).
Help one who does something: The something done is everything that is a means of a
man's livelihood. It can be industry, skilled work, trading or any profession. This looks
after needs of his family. If a person cannot do that because of his weakness then he should
be helped.
If anyone does not know how to make something necessary for his livelihood then others
should make it or do it for him. On that support, he will subsist.
Abstain from causing harm to others: Do not involve them in evil. Do not hurt other with
your tongue and hands and do not cause them loss of any kind. Abstaining from these
things is also being good and spreading blessings, more so when one abstains from evil in
spite of having power to do it.
Instead of saying in the conclusion, 'this is being good to other, the prophet , le and
reminded us that this conduct is a charity to ourselves.
SECTION II
الفضلُ الثَّانِى
MERIT OF HELPING A SLAVE GET FREEDOM
(٣٣٨٤) عَنِ الْبَرَاء بُنِ عَازِبٍ قَالَ جَاءَ آَعْرَائٍِّ إِلَى النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالَ عَلِّمُنِى عَمَلَّا يُدْخِلُنِى الْجَنََّ
1 Bukhari # 2518, Muslim # 84-136.

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قَالَ لَئِنْ كُنْتَ أَقْصَرْتَ الْخُطْبَةَ لَقَدْ أَعْرَضُتَ الْمَسْئِلَةَّ أَعْتِقِ النَّسَمَةَ وَفُكَّ الزَّقَبَةَ قَالَ أَوَلَيْسَا وَاحِدًّا قَالَ
لَا عِنْقُ النَّسَمَةِ أَكْ تَفَرَّدَ بِمِثْقِهَا وَفَتُّ الرَّقَبَّةِ آَنْ تُمِيْنَ فِيْ ثَمَنِهَا وَالْمِنْحَةَ الْوَكُوْفَ وَالْغَىُ عَلى ◌ِى
الرَّحْمِ الْظَّالِمِ فَإِنْ لَمْ تُطِقُ ذَلِكَ فَأَطْحِيمِ الْجَائِعَ وَاسْقِ الثَّمَانَ وَأُمُرُ بِالْمَعْرُوْفِ وَانْهَ عَنِ الْمُنْكِّرِ
فَإِجْ لَمْ تُطِقُّ ذُلِكَ فَكَُّّ لِسَانَكَ إِلَّ مِنْ خَيْرٍ - رَوَاءُ الْبَيْهَقِيُ فِى شُعَبِ الْإِيمَانِ-
i
3384. Sayyiduna al Bara ibn Aazib us & >, narrated that a villager came to the
prophet jteà o and submitted. "Teach me a deed that will get me admittance to
paradise." He said, Though you have used few words, yet you have presented a
significant enquiry. Set free a soul and deliver a slave (from slavery)." He asked,
'Are they not the same thing?" He said, "No. To set a soul face is to do it by yourself
while to deliver a slave (from bonds of slavery) is to help him pay the price (for
buying freedom). And (more deeds leading to paradise include) you should lend (to
a needy person) a milch camel or sheep that has much milk for milking. And, you
must be kind to a cruel relative (who does wrong to you). If you are unable to do
that, then feed the hungry and give drink to the thirsty. And enjoin piety and forbid
evil. And, if you are unable to do that, then hold your tongue (from everything)
except from what is good."1
COMMENTARY: One sets his own slave from or help another's slave pay for his freedom
when he has contracted with his master to buy it at a certain price. This kind of slave is
called a mukatab.
The Arabic word in the text is (2JI) (alminhah). It stands for a she-camel or sheep that has
plenty of milk. The poor person to whom it is lent may use its milk or hair.
As for the final edict 'shut your tongue from everything but good words.' There is another
hadith of the same purport:
1
مَنْ كَانَ يُؤْمِنُ بِاللهِ وَالْيَوْمِ الْآخِرِ فَلْيُقُلُ خَيْرًا أَوْ لِيَصْمُتُ
"He who believes in Allah and the Last Day must speak what is good or observe silence."
In other words, one must exercise full control over one's tongue. Nothing bad must come
on the tongue. Whenever the tongue carps, only good must it utter. If this advice is
observed, one can preserve oneself from many kind of less in the word and religion.
Misused words generate misleading thoughts.
The ulama (Scholars) say of these too hadith that speaking what is 'good' is that which is
contrary to evil and has reward for it. Whatever speech is permitted falls in the category of
'good' (If unnecessary speech is repressed many regret could be averted.)
(٣٣٨٥) وَعَنْ عَمْرِو بْنِ عَبَسَةً أَّ النَّيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ بَلَى مَسْجِدًا لِيُذُكِّرَ اللَّهُ فِيْهِ بُنِىَ لَهُ
بَيْتْ فِي الْجَنَّةِ وَمَنْ أَعْتَقَ نَفْسًا مُسْلِمَةٌ كَانَتْ فِدْيَتُهُ مِنْ جَهَنَّمَ وَمَنْ شَابَ شَيْبَةً فِي سَبِيْلِ اللهِ كَانَتُ لَهُ نُورًا
يَوْمَ الْقِيَامَةِ - (رواه فى شرح السنة)
صلی الله عليه وسلم narrated that the Prophet رضى الله عنه Sayyiduna Amr ibn Abasah .3385
1 Bayhaqi in Shu'ab ul Eeman # 43350, Musnad Ahmad 4-299.

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said, "He who build a mosque so that Allah may be remembered therein will
have a house built for him in paradise. He who emancipates Muslim slave will
have that (action) as his ransom from hell. He who grows old in Allah's path (in
jihad, pilgrimage, acquiring knowledge or in Islam) will have that (old age) as a
light for him on the day of resurrection. (He will find deliverance with it in the
darkness of that day.)1
SECTION III
الفَضْلُ الثَّالِثُ
(٣٣٨٦) عَنِ الغَرِيُفِ ابْنِ عَيَّاشِ الدَّيْلَمِيِّ قَالَ أَتَيْنَا وَاثِلَةَ بْنِ الْأَسْقَّعِ فَقُلْنَا حَدِّثْنَا حَدِيْقًا لَيُسَ فِيْهِ زِيَاءَةٌ وَلَا
نُقْصَانْ فَغَضِبَ وَقَالَ إِثَّ أَحَدَكُمْ لَيَقْرَأُ وَمُصْحَفُهُ مُعَلَّق فِى بَيْتِهِ فَيَزِيْدُ وَيَنْقُصُ فَقُلْنَّا إِنَّمَا أَرَدُنَا حَدِيْقًا
سَمِعْتَّةُ مِنَ النَّبِيِّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ أَتَيْنَا رَسُولَ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِى صَاحِبٍ لَنَا اَوْجَبَ يَهُنِى
النَّارَ بِالْقَتْلِ فَقَالَ اعْتِقُوا عَنْهُ يُمْيِّقِ اللّهُ بِكُلِّ ◌ُضْوٍ مِنْهُ مُضْوًّا مِنْهُ مِنَ النَّارِ - (رواه ابوداؤد والنسائى)
3386. Sayyiduna al-Gharif ibn Ayyash ad-Daylamy al >, said that they went to
(Sayyiduna) Wathilah ibn Al-Asqa as an», and requested him to narrate to them a
hadith without any addition or deduction. So he got angry and said. "Any one of
you does recite the Quran while its copy is hung up in his house, yet he adds and
omits (by mistake. So, in spite of immense care, there can be some error in narrating
hadith)." They said, "We only intended (to hear) a hadith you may have heard from
صلى الله عليه وسلم So, he said, "We had gone to Allah's Messenger ". صلى الله عليه وسلم the Prophet
concerning a friend of ours who had made hell certain for himself because of a
murder (of someone he committed or suicide). He said, 'Set a slave free on his
behalf, Allah will deliver from hell a limb of his for every limb of his."2
COMMENTARY: Sayyiduna Wathilah رضى الله عنهthought that Gharif رحمه اثhad asked him to
narrated the exact words of the Prophet صلى الله عليه وسلم . Then Gharif رحمه الله explained that they
only wished to know the meaning of the Prophet's صلى اللهعليه وسلم words.
This means that it is allowed to narrate the hadith with some changes in its words but the
meaning and message must not change.
RECOMMENDING A SLAVE'S RELEASE IS AN EXCELLENT SADAQAH (CHARITY)
(٣٣٨٧) وَعَنْ سُمُرَةَ بْنِ جُنْدُبٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَفْضَلُ الصَّدَقَّةِ الشَّفَاعَةُ بِهَا تُفَكُ
الرَّقَبَّةُ - رَوَاهُ الْبَيْهَقِيُّ فِى شُعَبِ الْإِيمَانٍ -
3387. Sayyiduna Samurah ibn Jundub رضى الله عنه narrated that Allah's Messenger
said, "The best sadaqah (charity) is the recommendation that gets a صلى الله عليه وسلم
slave his freedom."3
COMMENTARY: The recommendation may lead to the slave's emancipation or
deliverance from a punishment.
1 Nasa'i # 688 (691) Baghawi in Sharhus sunnah (Prophet's صلى الله عليه وسلم practice) # 2420, Musnad Ahmad
4-113.
2 Abu Dawud # 3964, Musnad Ahmad 3-491, 4-102.
3 Bayhaqi in Sha'b ul Eeman # 7682.

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CHAPTER - II
(I) EMANCIPATING A SLAVE WHO IS
OWNED JOINTLY,
◌َابُ اِعْتَاقِ الْعَبْدِ الْمُشْتَرَكِ وَشِرَاءِ
القَرِئْبِ وَالْعِثْقِ فِى الْمَرَضِ
(II) BUYING A RELATIVE &
(III) EMANCIPATING DURING AN ILLNESS
ABOUT SETTING FREE: Among the ahadith of this chapter, some are on the subject of
slaves who are owned jointly by two (or more) masters, If one of them sets free his share of
the slave, what should the other do? Is part of slave continuing in ownership allowed or
not? There are differing opinions about it and even the Hanafi scholars are not u
unanimous on this subject.
Imam Abu Hanifah al, recognizes part freedom. But, Imam Abu Yusuf alus, and Imam
Muhammad a >, do not recognize part freedom. This raises many other questions,
commands and ruling also arise. These are mentioned in the lines that follow.
The second portion of this chapter is about buying a slave who is a relative. The ruling in
such cases is that merely buying a relative gets him his freedom irrespective of whether the
buyer set him free or not. However, here too. Opinions differ on which relatives are
covered by this ruling. This issue is also discussed in detail in the lines that follow.
The third portion of this chapter concerns a person who sets a slave free while he is ill.
What is the ruling about it? This will be elaborated at appropriate places in the ahadith.
SECTION I
الفضل الأول
FREEDOM OF SLAVE OWNED COMMONLY
(٣٣٨٨) عَنِ ابْنِ عُمَرَ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنْ أَعْتَقَ شِرُكًا لَّهِ فِي عَبْدٍ وَكَانَ لَهْ مَالْ يَبْلُغُ
ثَمَّنَ الْعَبْدِ قُوِّمَ الْعَبْدُ عَلَيْهِ قِيْمَةَ عَدْلٍ فَأُعِىَ شُرَ كَاءُهُ حِصَصَهُمُ وَعَتَّقَّ عَلَيْهِ الْعَبْدُ وَإِلََّ فَقَدْ عَتَّقَ مِنَّهُ مَا عَتَّقَ.
(متفق عليه)
3388. Sayyiduna Ibn Umar رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said, "If
any one sets free his share in a slave (who is owned jointly) and has enough money to
pay the full (remaining) price of the slave, then a reasonable price of the slave should
be determined and his partners) should be paid their portions, the slave will be set
free in this manner. If not, then he will be emancipated only to the extend of his share
that he has set free. (The share of the others) will remain in the slave)."1
COMMENTARY: If a slave belongs to two owners and one of them frees him to the extent
of his share and the other does not, then the first one should buy the share of the second
and set the slave free. However, if he is unable to buy the other share then the slave would
remain in slavery to that extent and be part free.
This mean that freedom and slavery can be divided in a single person. The second partner
cannot be compelled to set the slave free to the extent he owns. Also the slave cannot be
made to toil (to earn his freedom). This is also the ruling of imam Shafi'I ales,
1 Bukhari # 2522, Muslim # 1-1501, Tirmidhi # 1301, Abu Dawud # 3940, Nasa'i # 4699, Ibn Majah #
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As for Imam Abu Hanifah als), he concedes that (slavery and freedom may combine in a
single person, and if the partner who releases his share can buy off the other partner he
may do so, or the second may make him toil to the extend of his share or set him free to the
extent of his share (so he will be completely free). If the first partner who frees the slave his
own portion is unable to buy the remaining share he must not turn over his share to the
other partner. Rather, this partner must get the price of his share from the slave through
making him toil (for his freedom), or he may emancipate his share. In this case the right of
wila (1)) will be available to both the owners (meaning, they would inherit from the slave.)
The opinion of Imam Abu Yusuf ales, and Imam Muhammad als, in this regard is that (if
the partner who sets the slave free to the extend of his share can afford to buy off the other
partner then he must do that otherwise the other partner must get the slave to toil for his
freedom to the extent of his share and thus get his price from the slave. Since freedom
cannot be partial, the right of wila (¥;) will rest only with him who sets free.)
TOIL FOR FREEDOM
(٣٣٨٩) وَعَنْ أَبٍ هُرَيْرَةَ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ أَعْتَقَ شِقْهَا فِيْ عَبْدٍ أُعْتِقَ كُلُّهُ إِنْ كَاتَ لَهُ
مَالْ فَإِْ لَمْ يَكُنُ لَهُ مَالْ أُسْتُمْعِيِّ الْعَبْدُ غَيْرَ مَشْقُوْقٍ عَلَيْهِ- (متفق عليه)
3389. Sayyiduna Abu Hurayrah رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "If
a person emancipates one share in a slave (who is jointly owned), the slave is free
completely (and he will be credited with his freedom), and if he had the
wherewithal (he may buy the other shares too). If he does not possess enough
resources, then the slave will be made to toil to pay for his freedom, but he should
not be made to overwork."1
DO NOT DEPRIVE HEIRS BY EMANCIPATING SLAVE ON DEATH BED
(٣٣٩٠) وَعَنْ عِمُرَانَ بْنِ حُصَيْنِ آَكَّ رَجُلًّاً اَعْتَقَ سِتَّةَّ مَمْلُوُكِيْنَّ لَهُ عِنْدَ مَوْتِهِ وَلَمْ يَكُنْ لَهُ مَالْ غَيْرُ هُمْ
فَدَعَا بِهِمْ رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَجَزَّأَ هُمْ أَقْلَاقًا تُؤَّ أَقْرَءَ بَيْنَهُمْ فَاعْتَقَ اثْتَيْنٍ وَآَرَقَّ ارْبَعَةٌّ وَقَالَ
◌َدْ قَوْلَا شَدِيْدًا رَوَاهُ مُسْلِمْ وَرَوَاهُ النَّسَائِىُّ عَنُّهُ وَذَكَّرَ لَقَدْ هَمَمْتُ أَنْ لَا أُصَلِّى عَلَيْهِ بَدَلَ وَقَالَ لَهُ قَوْلًّا
شَدِيْدًا - وَفِي رَوَايَةٍ أَني دَوْدَ قَالَ لَوْ شَهِدُتُّهُ قَبْلَ آَنْ يُدُفَنَ لَمْ يُدُفَنُ فِي مَقَابِرِ الْمُسْلِمِینَ۔
3390. Sayyiduna Imran ibn Husayn us +, narrated that a man set free six slaves
that he had at the time of his death. He had no property other than them. Allah's
Messenger صلى الله عليه وسلم called them and divided them into three batches. Then he
drew lots among them and set two (of them) free and retained four in slavery. And
he spoke severely of the man.
Another version also from Imran R) in Nasa'i has instead of 'and he spoke severely
of the man, (The Prophet صلى الله عليه وسلم said, "Indeed, I had resolved not to offer (the
funeral) salah (prayer) over him." And he spoke severely of the man.)
1 Bukhari # 2504, Muslim # 3-1503, Tirmidhi # 1353, Abu Dawud # 3937, Ibn Majah # 2527, Musnad
Ahmad 2. 255.

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Another version in Abu Dawud has: He said, "Where I there before his burial, he
would not have been buried in a Muslim graveyard. (These statements are by way
of warning and to correct people).1
COMMENTARY: The Prophet set free two slaves out of six because the dying man can
draw a will his heirs are entitled to inheritanc of the rest of his property. A will may be
drawn in the same way for other things like sadaqah (charity), gifts, etc up to one third.
Zayd ul Arab رضى الله عنه said that the Prophet صلى الله عليه وسلم issued this command because
generally the slave were Negros and they were of the same value. Nawawi has quoted
Imam Abu Hanifahas à +) as saying that in such a situation (when equal treatment is
offered), every slave will be presumed to be free up to one third of his person and he will
be made to toil for his emancipation for up to the remaining two-thirds of his person.
The Prophet صلى الله عليه وسلم was displeased with this man because he deprived his heirs of
their inheritance. This was a very disliked action. The Prophet ,,ledo showed kindness
to the man's heirs by giving them four of the slave and so their right. The hadith discloses
that a dead person may be criticized for this cruel action and contravention of Shari'ah
(divine law). This does not contradict the Prophet's صلى اللهعليه وسلم saying:
أُذُكُرُوا آمْوَاتَهُمُ بِاخْرِ
(Remember your dead with goodness)
PURCHASING A SLAVE WHO IS ONE'S FATHER
(٣٣٩١) وَعَنْ آَبِيْ هُرَيُرَةَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا يَجْزِئٌ وَلَدْ وَالِدَه إِلَّ أَنْ تَجِدَهُ مَمْلُؤًْا
فَيَشْتَرِيَهُ فَيُمْتِقَّه- (رواه مسلم)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3391
said, "No son can repay his father (for the things he has done for him) except that if
he finds him in slavery, he buys him and sets him free."2
COMMENTARY: It seems from this hadith that a father does not become free only on his
son purchasing him. Rather, after buying him he must set him free.
The Zawahir abide by this opinion. However, the consensus of the ulama (Scholars) is that
when a father comes under his son's ownership, he becomes free. This is stated explicitly in
a hadith that follows in section II (#3393), and this hadith too means the same thing as
Mazhar explains that the word (ti) in this hadith under discussion has the latter fa (3) to
denote cause. In this case the concluding portion of this hadith would mean:
(When he finds his father as someone's slave and buys him to get him his freedom.)
Hence, it will not be necessary for him to say after buying him, "I have set you free." He is
set free simply on his son's buying him.
MAY A MUDABBAR BE SOLD
(٣٣٩٢) وَعَنْ جَابِرٍ أَكَّ رَجُلًا مِنَ الْأَنْصَارِ دَبَّرَ مَمُلُؤْكًا وَلَمْ يَكُنْ لَهُ مَالْ غَيْرُهُ فَبَلَةَ النَِّيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ
1 Muslim # 56. 1668, Tirmidhi # 1369, Nasa'i # 1958, Abu Dawud # 3918, Ibn Majah # 2345, Musnad
Ahmad 4-428.
2. Muslim # 25-1510, Tirmidhi # 1906, Abu.Dawud # 5137, Ibn Majah # 3659, Musnad Ahmad 2-230.

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فَقَّالَ مَنْ يَشْتَرَيْهِ مِنِى فَاشْتَرَاءُ نُعَيْمُ بْنُّ النَّخَامِ بِثَمَّانٍ مِائَةٍ دِرُهٍَ - مُنَّفَقْ عَلَيْهِ وَفِيْ رَوَايَةٍ لِمُسْلٍِ فَاشْتَرَاءُ
تُحِيْمُ بُنُّ عَبْدِ اللهِ الْعَدَوِيِّ بِثَمَّارٍ مِائَةٍ دِرْهَرٍ فَجَاء بِهَا إِلىّ النَّبِيِّ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ فَدَ فَعَهَا إِلَيْهِ ثُمَّ قَالَ
ابْدَأُ بِنَفْسِكَ فَتَصَدَّقُ عَلَيْهَا فَإِنْ فَضَلَ شَىْءٌ فَلِاَهْلِكَ فَإِنْ فَقَلَ عَنْ أَهْلِكَ شَىْءٍ فَلِذِىٌ قَرَابَتِكَ فَإِنْ
فَضَّلَ عَنْ زِئُ قَرَابَتِكَ شَىْءٍ فَهَكَذَا وَهُكِّذَا يَقُوْلُ فَبَيْنَ يَدَيْكَ وَعَنُّ ◌َمِيُنِكَ وَعَنُ شِمَالِكَ۔
3392. Sayyiduna Jabir us àn +, narrated that a man of the Ansar made a slave a
mudabbar (to be free after his death). He owned no other property. When the
prophet , à heard of it, he asked, "who would buy this slave from me?"
Nu'aym ibn an Nahham wa >, bought him for eight hundred dirhams.
Another version (on Muslim) has that Nu'aym ibn Abdullah al Adawi us an (+)
bought him for eight hundred dirhams and he brought that (eight hundred
dirhams) to the Prophet صلى الله عليه وسلم who gave them to the man (whose slave it was)
and said, "Spend (this money) first on yourself, giving sadaqah (charity) (of it) to
your own self. If something is spared, give it to your family. If something is spared
after they are given, then provide something to your relatives. If, after they are
given, something remains, then do like this and do like that." (the narrator said)
meaning that it may be disbursed if front of him, to his right and to his left.1
COMMENTARY: To make a slave a mudabbar is saying to one's slave "you are free after
my death." The apparent meaning of this hadith is that it is allowed to sell this kind of a
slave. Imam Shafi'i alas, and Imam Ahmad al-, hold that it is allowed to sell a mudabbar.
Imam Abu Hanifah ales, said that there are two kinds of mudabbar: mudabbar mutlaq
and mudabbar muqid. The former is one whose master says to him, "After my death you
are free." The latter is he who is told by this master, "If I die of this illness, you are free."
The former can only be set free and there is no other way of giving up ownership over him.
The owner can emancipate him but cannot sell him or give him as a gift to another, but he
can ask him to serve him. If the salve is female, the owner may have sexual intercourse
with her and even give the slave in marriage to any, even without the slave's consent. Such
a slave is free after the master's death from one third of his (master's) property. If he cannot
be ser free from the master's one third property, then he will be released in part to the
equivalent of the third of the third of the master's property.
As for mudabbar muqid, he may be sold. It is allowed. If the pre-requisite is met and the
owner dies in that illness, then mudabbar muqid will also be free like mutlaq Hence. Imam
Abu Hanifah رحمه الله says that the prophet صلى الله عليه وسلم has sold the mudabbar muqid.
The Mishkat has the name as Nu'aym ibn Nahham. But this is an error of the scribe.
Actually Nu'ayum and Nahham are names of one and the same person. The reason why he
got the name nahham was that the Prophet صلى الله عليه وسلم said, "When I entered paradise, I
heard Nu'aym's nahmah (sound). So, he began to be called Nahham.
1 Bukhari # 6716, Muslim # 58-997, Tirmidhi # 1219.

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الفضلُ الثَّانِی
SECTION II
MAHRAM RELATIVE IS FREE THE MOMENT HE IS ENSLAVED
(٣٣٩٣) وَعَنِ الْمُسَنِ عَنْ سَهُرَةً عَنْ رَسُولِ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ مَلَّكَ ذَارَ حِرٍ مَحْرَمٍ فَهُوَ خُزَّ-
(رواه الترمذى وابن ماجة)
3393. Sayyiduna (Al) Hasan av, (Busri) reported from (Sayyiduna) Samurah Às+,
said, "If anyone happens to own a dhu rahm صلى الله عليه وسلم that Allah's Messenger عنه
(relative) who is a mahram then he becomes emancipated" (however he owns him
(by buying receiving a gift or through inheritance).1
COMMENTARY: Examples are father acquiring son, or son acquiring father, or brother
acquiring brother. Even if their intention was to get a slave, because of the relationship the
slave will become emancipated.
The word in the Arabic text is dhu rahm. It is applied to a relative through the womb and
includes son, father brother, paternal uncle, nephew (brother's son) and such. The word
mahram is a relative with whom marriage is never allowed. Thus, the son of paternal uncle
and such other relatives are not dhurahm mahram (relatives who are mahram, or mahram
is of the prohibited degrees).
The question whether a relative mahram whom one gets to possess becomes free
automatically or has to be set free has been discussed against hadith # 3391 of Abu
.رضى اله عنه Hurayrah
The majority of the ulama (Scholars) hold that relatives of the kind of usul (ancestors, like
father, grandfather and up the line) and furu (descendants, like son, grandson, etc) become
free simply on acquiring them. As for the others, the ulama (Scholars) differ. Imam Shifi'l
altas, hold that this distinction (of becoming free on being acquired) is available only to the
usul and furu (ancestors and descendants). Imam Maalik at , includes brothers in this
distinction but he has also said that all du rahm (relatives through the womb) are included
in it. He also has a third ruling that conforms to Imam Shafi's ruling.
Imam Abu Hanifah alus, holds that every such relative mahram becomes free when he is
acquired as a slave.
UMM WALAD GAINS FREEDOM ON MASTER'S DEATH
(٣٣٩٤) وَعَنِ ابْنِ عَبَّاسٍ عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ إِذَا وَلَدَتْ آَمَةُ الرَّجُلِ مِنْهُ فَهِىَ مُعْتَقَةٌ عَنْ دُبٍُ
مِنْهُ آوْ بَحْدَه- (رواه الدارمى)
3394. Sayyiduna Ibn Abbas رضى الله عنه narrated that the Prophet صلى اللهعليه وسلم said, "when
the female slave of a man bears his child, she becomes free on the heels of his
death." Or he said, "After his death."2
COMMENTARY: During the life time of her master whose child she bears, the slave
woman does not become free, but after his death she is free. During his life time, he cannot
sell her, nor give her to someone as a gift. The ulama (Scholars) are unanimous about it.
1 Tirmidhi # 1365, Abu Dawud # 3949, Ibn Majah # 2524, Musnad Ahmad 5-20.
2 Ibn Majah # 2515, Darimi # 2274, Musnad Ahmad # 1-363.