Explanation of Umaadatul Ahkaam - Chapter 19

َ َ‫ کتاب أَ ْعت‬Kitab al Itq

‫ق‬

427 - ‫ق‬ َ َ‫(( َمنْ أَ ْعت‬ :‫قَا َل‬ - ‫ صلى هللا عليه وسلم‬- ِ ‫سو َل هَّللا‬ ُ ‫أَنَّ َر‬ :‫عَنْ َع ْب ِد هَّللا ِ ْب ِن ُع َم َر رضي هللا عنهما‬
َ َ‫ َو َعت‬, ‫ص ُه ْم‬
‫ق‬ َ ‫ص‬ َ ‫ فَأ َ ْعطَى ش َُر َكا َءهُ ِح‬, ‫قُ ِّو َم َعلَ ْي ِه قِي َمةَ َع ْد ٍل‬ :‫فَ َكانَ لَهُ َما ٌل يَ ْبلُ ُغ ثَ َمنَ ا ْل َع ْب ِد‬ , ‫ش ْركا ً لَهُ فِي َع ْب ٍد‬ ِ
))َ‫ق ِم ْنهُ َما َعتَق‬ َ َ‫ َوإِالَّ فَقَ ْد َعت‬, ‫ َعلَ ْي ِه ا ْل َع ْب ُد‬.

ً ‫جزءاً ونصيبا‬ :ُ‫ش ْركا ً لَه‬

ِ .

‫من غي ِر زياد ٍة والنقصا ٍن‬ :‫قِي َمةَ َع ْد ٍل‬.

Sahih al bukhari 2522

Hadith 427
Abdullah ibn 'Umar ‫ رضي هللا عنهما‬reported that the Messenger of Allah ‫ ﷺ‬ said:
"Whoever frees his share of a common slave and he has sufficient money to free him
completely, should let its price be estimated by a just man and give his partners the price of
their shares and manumit the slave; otherwise (ie if he has not sufficient money) he manumits
the slave partially

Explanation of Hadith
 
If a person has a share, albeit small, to the ownership of a slave, male or female, and he
manumits part of it, the slave will be manumitted as much as this part. If the manumitter is
well-to-do enough to afford to pay the share of his partner, he ought to manumit the slave
wholly, assessing his partner's market value and giving it to him. If he is not that rich,
however, he can manumit the slave partially, as much as his share in his ownership, with the
rest remaining in bondage.  

Benefits of the Hadith

 Permissibility of participation in the slave and the nation in the king.
 Whoever freed his share, he was set free, and the share of his partner was also freed
from him if he was well off, and the share of his partner was evaluated against him,
and the value was paid to him.
 If the emancipated partner is not well off, his partner's share is not emancipated.
 If he owns some of his value to the share of his partner, he is to be set free according
to what he has of the value.
 The street looks to the emancipation of the necks, as it has made this emancipation
and influence.
 Allegiance is to the freedman, and the partner has no allegiance, and loyalty is a ratio
between the slave and the one who frees him, so he belongs to him and the master
inherits the slave by blindfolding unless he has a blindfold.
 Explanation of Umaadatul Ahkaam - Chapter 19

َ َ‫ کتاب أَ ْعت‬Kitab al Itq

‫ق‬

428 - ‫صا ً ِم ْن‬ َ ‫ق ِش ْق‬ َ َ‫(( َم ْن أَ ْعت‬ :‫ال‬ َ َ‫ق‬ - ‫ صلى هللا عليه وسلم‬- ‫ ع َْن النَّبِ ِّي‬- ‫ رضي هللا عنه‬- َ‫ع َْن أَبِي هُ َر ْي َرة‬
‫ َغي َْر‬, ‫ ثُ َّم اُ ْستُس ِْع َي ْال َع ْب ُد‬, ‫ك قِي َمةَ َع ْد ٍل‬
ُ ‫ فَإِ ْن لَ ْم يَ ُك ْن لَهُ َما ٌل قُ ِّو َم ْال َم ْملُو‬, ‫صهُ ُكلُّهُ فِي َمالِ ِه‬ ٍ ‫َم ْملُو‬
ُ ‫ فَ َعلَ ْي ِه خَال‬, ‫ك‬
]282[- . ))‫ق َعلَ ْي ِه‬ ٍ ‫ َم ْشقُو‬-

ْ ‫ هو القلي ُل‬: ُ‫ال ِّش ْقص‬ :ً‫صا‬

‫من ك ِّل شي ٍء‬ َ ‫ ِش ْق‬.

َ ‫أُ ْل ِز َم ال َّسع‬ :‫اُ ْستُ ْس ِع َي‬.

ِّ ‫ْي فيما يَفُ ُّك ب ِه بقيةَ رقبَتِ ِه منَ ال ِّر‬
‫ق‬

ُّ ‫اليُ َكلَّفُ مايش‬ :‫ق َعلَ ْي ِه‬

‫ق علي ِه منَ ال ِخ ْد َم ِة‬ ٍ ‫َغ ْي َر َم ْشقُو‬
Hadith 428

Abu Hurayrah ‫ رض~~ي هللا عنه‬reported that the Messenger of Allah ‫ ﷺ‬ said:
"Whoever emancipates a share in a slave should completely emancipate him from his money,
if he can afford it. Otherwise, a fair price should be set for the slave, who will be required to
work and pay for his freedom without being overburdened."  

Explanation of Hadith

If one of the joint owners of a slave decides to emancipate his share of that slave, he should
pay to completely emancipate him, if he can afford that, by paying to his partners the value of
their shares of that slave in order for him to be free. However, if he cannot do so, whether
because he does not have money, or he has money but it is not enough, or this would harm
him, then, in such a case, the slave should be given two options to choose from: 1 to remain
partly slave and partly free. 2. to work in order to pay for his freedom after a fair price is set
for him. This procedure is known as Istis'ā'.

Benefits of the Hadith

 Whoever frees a partner for himself in a slave, and he has what amounts to the price
of the slave, all of him is freed, and the share of his partner is assessed against him
according to its value.
 If the freedman had no money, the slave was also freed, and the slave was asked to
strive; So that for the one who did not emancipate his share directly, the value of his
share would be obtained, and it would not be difficult for him to collect it.
 Explanation of Umaadatul Ahkaam - Chapter 19

َ َ‫ کتاب أَ ْعت‬Kitab al Itq

‫ق‬

Hadith 429

:-‫صلى هللا عليه وسلم‬- ‫ي‬ َّ ِ‫ بَلَ َغ النَّب‬:‫ َوفِي لَ ْف ٍظ‬،-ُ‫ار ُغالما ً لَه‬
ِ ‫ص‬ َ ‫ َدبَّ َر َر ُج ٌل ِم ْن األَ ْن‬:‫ قال‬-‫رضي هللا عنهما‬- ‫عن جابر بن عبد هللا‬
‫ ثُ َّم أَرْ َس َل ثَ َمنَهُ إلَ ْي ِه‬،‫ لَ ْم يَ ُك ْن لَهُ َما ٌل َغ ْي ُرهُ فَبَا َعهُ َرسُو ُل هللا بِثَ َمانِ ِمائَ ِة ِدرْ ه ٍَم‬-‫عن ُدب ٍُر‬ َ َ‫أَ َّن َر ُجالً ِم ْن أَصْ َحابِ ِه أَ ْعت‬.
ْ ُ‫ق ُغالما ً لَه‬

Jābir ibn 'Abdullāh ‫ رضي هللا عنهما‬reported that a man from the Ansār declared that a slave of
his would be free after his death. Another version says that the Messenger of Allah
‫ ﷺ‬ was told that a man from his Companions ‫ رضي هللا عنه‬declared that a slave of
his
 would be free after his own death although he had no property other than him (this
slave). So, the Messenger of Allah ‫ ﷺ‬ sold him for eight hundredths dirhams and
sent the money to him

Explanation of Hadith
 A man from the Ansār promised that a slave that he owned would be free after his own death
although the master had no other property. As the Messenger of Allah ‫ ﷺ‬ was
told of this, he considered this deal a waste of resources. So, he did not approve of this
act. Meanwhile, he sold the slave for eight hundred dirhams and sent the money to the
master. The priority for the poor master was to take care of himself and his family rather than
emancipate his productive slave, and thus the indigent family would survive on
begging. Finally, even though this tradition was applicable at some point in history and has
no relevance today, something can be learned from it. Slavery is still practiced in some places
like Africa, just as it was practiced since the time of Adam until after the coming of Islam. 

Benefits of the Hadith

 The correctness of the measure, and it is agreed upon among the scholars, but the
Ansari has no control over anyone but this servant, and that is why the Messenger of
Allah ‫ ﷺ‬ - did not approve of it.
 The mastermind is set free from a third of the money, not from the capital, because his
rule is the rule of a will; Because both of them do not implement until after death.
 Permissibility of selling the mastermind slave absolutely for a need, such as debt and
alimony; Because the will may be modified.
 It is better and better for the one who does not have the means of sustenance to make
that for himself and for his dependents, so they are better than others, and he does not
spend it on supererogatory acts of worship such as charity, freeing and the like.
something you will find with Allahsubhanahu wataala.