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‏الطلاق (The Book of Divorce)
CHAPTER: THE RIGHT OF INHERITANCE OF PROPERTY VESTS WITH ONE WHO EMANCIPATES THE SLAVE  

No. 3584

Ibn Umar reported that 'A'isha decided to buy a slave-girl and then set her free, but her masters said: We are prepared to sell her to you on the condition that her right of inheritance would vest with you. She (Hadrat A'isha) made a mention of that to Allaah's Messenger (sallAllaahu alayhi wa sallam) whereupon he said: This should not stand in your way. The right of inheritance vests in one who emancipates.

No. 3585

'A'isha (Allaah be pjeased with her) reported that Barira came to her in order to seek her help in securing freedom, but she had (so far) paid nothing out of that sum stipulated in the contract. 'A'isba said to her. Go to your family (who owns you), and if they like that I should pay the amount (of the contract) on your behalf (for purchasing your freedom), then I shall have the right in your inheritance. (If they accepted it) I am prepared (to make this payment). Barira made a mention of that to the (members of) her family, but they refused and said: If she (Hadrat 'A'isha) wants to do good to You for the sake of Allaah, she may do it, but the right of inheritance will be ours. She (Hadrat 'A'isha) made a mention of that to Allaah's Messenger (sallAllaahu alayhi wa sallam), and he said to her: Buy her, and emancipate her, for the right of inheritance vests with one who emancipates (the slave). Allaah's Messenger, sallAllaahu alayhi wa sallam) then stood up and said: What has happened to the people that they lay down conditions which are not (found) in the Book of Allaah? And he who laid down a condition not found in the Book of Allaah, that is not valid. even if it is laid down hundred times. The condition laid down by Allaah is the most weighty and the most valid.

No. 3586

'A'isha, the wife of Allaah's Prophet (sallAllaahu alayhi wa sallam), reported: Barira came to me and said: 'A'isha, I have entered into contract for securing freedom with my family (who owns me) for nine 'uqiyas (of silver), one 'uqiya every year The rest of the hadith is the same (but with this addition):" This (the problem of the right of inheritance) should not stand in your way. Buy her, and set her free. He said in a hadith: Allaah's Messenger (sallAllaahu alayhi wa sallam) stood up among men, extolled Allaah, praised Him, and then said:" for......"

No. 3587

'A'isha (Allaah be pleased with her) reported: Barira came to me and said: My family (owners) have made contract with me (for granting freedom) for nine 'uqiyas (of silver) payable in nine years, one 'uqiya every year. Help me (in making this payment). I said to her: If your family so desires, I am prepared to make them the full payment in one instalment, and thus secure freedom for you, but the right of inheritance will vest in me, if I do so. She (Barira) made a mention of that to her family, but they refused (except) on the condition that the right of inheritance would vest in them. She came to me and made mention of if She ('A'isha) said: I scolded her. She (Barira) said: By Allaah, it is not possible (they will never agree to it). And as she was saying it, Allaah's messenger (sallAllaahu alayhi wa sallam) heard, and he asked me, I informed him and he said: Buy her and emancipate her, and let the right of inherit- ance vest in them, for they cannot claim it (rightfully) since the right of inherritance vests with one who emancipates (the slave; therefore, these people have no right to lay such false claims). And I did so. She ('A'isha) said: Then Allaah's Messenger (sallAllaahu alayhi wa sallam) delivered a sermon in the evening. He extolled Allaah and praised Him with what He deserves, and then said afterwards,: What has happened to the people that they lay down conditions which are not found in the Book of Allaah? And the condition which is not found in the Book of Allaah is invalid, even if its number is one hundred. The Book of Allaah is more true (than any other deed) and the condition laid down by Allaah is more binding (than any other condition). What has happened to the people among you that someone among you says:" Emancipate so and so, but the right of inheritance vests in me"? Verily, the right of inheritance vests in one who emancipates.

No. 3588

Hisham b. 'Urwa narrated a hadith like this with the same chain of trans- mitters except (with this change) that in the hadith transmitted on the authority of jartr (the words are): Her (Barira's) husband was a slave, so Allaah's Messenger (sallAllaahu alayhi wa sallam) gave her the option (either to retain her matrimonial relation with her husband or sever it off). She opted to break off (and secure freedom for her even from the matrimonial alliance). And if he were free he would not have given her the option. In the hadith narrated on the authority (of this chain of transmitters) these words are not found: Amma ba'du.

No. 3589

'Abd al-Rahman b. al. Qasim reported on the authority of his father: 'A'isha (Allaah be pleased with her) said: There were three issues which were clarified in case of Barira: her owners had decided to sell her on the condition that the right of her inheritance would vest with them. She ('A'isha) said: I made a mention of that to Allaah's Prophet (sallAllaahu alayhi wa sallam) and he said: Buy her and emancipate her, for verily the right of inheritance vests with one who emancipates. She said that she emancipated (her) and Allaah's Messenger (sallAllaahu alayhi wa sallam) gave her the option (either to retain her matrimonial alliance or break it after emancipation). She (taking advantage of the option) opted for herself (the severing of matrimonial alliance). 'A'isha said: The people used to give her charity and she gave us that as gift. I made a mention of it to Allaah's Prophet (sallAllaahu alayhi wa sallam), whereupon he said: That is charity for her but gift for you, so take that.

No. 3590

'A'isha (Allaah's be pleased with her) reported that she had bought Barira from the people of Ansar, but they laid down the condition that the right of inheritance (would vest in them), whereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: The right of inheritance vests with one who shows favour (who emancipates) and Allaah's Messenger (may peacebe upon him) gave her the choice (either to retain) her matrimonial alliance or break it). Her husband was a slave. She (Barira also) gave 'A'isha some meat as gift. Allaah's Messenger (sallAllaahu alayhi wa sallam) said: I wish you could prepare (cook) for us out of this meat. 'A'isha said, It has been given as charity to Barira, whereupon he said: That is charity for her and gift for us.

No. 3591

'A'isha (Allaah be pleased with her) reported: She wanted to buy Barira with a view to emancipating her. They (the sellers) laid down the condition that the right of inheritance would vest (with them). She (Hadrat 'A'isha) made a mention of that to Allaah's Messenger (sallAllaahu alayhi wa sallam), whereupon he said: Buy her and emancipate her for the right of inheritance vests with one who emancipates. Allaah's Messenger (sallAllaahu alayhi wa sallam) was given meat as gift. They (his Companions) said to Allaah's Prophet (sallAllaahu alayhi wa sallam): This was given as charity to Barira, whereupon he said: That is charity for her but gift for us. And she was given option (to retain her matrimonial alliance or to break it). Abd al-Rahman said: Her husband was a free man. Shu'ba said: I then asked him (one of the narrators) about Barira's husband (whether he had been a free mart or a slave), whereupon he said: I do not know.

No. 3592

This hadith has been narrated on the authority of Shu'ba with the same chain of transmitters.

No. 3593

'A'isha reported that the husband of Barira was a slave.

No. 3594

'A'isha (Allaah be pleased with her). the wife of Allaah's Prophet (sallAllaahu alayhi wa sallam) said: Three are the Sunan (usages) (that we came to know in case of Bairara). She was given option in regard to her husband when she was emancipated. Sbe was given meat as charity. Allaah's Messenger (way sallAllaahu alayhi wa sallam) visited me when an earthen pot with meat in it was placed on the fire. He asked for food and be was given bread with ordinary meat (usually cooked in the) house. Thereupon he (Allaah's Messenger) said: Don't I see the earthen pot on fire with meat in it? They said: Yes. Allaah's Messenger, there is meat in it which was given as charity to Barira. We did not deem it advisable that we should give you that to eat, whereupon he said: It is charity for her, but it is gift for us. Allaah's Prophet (sallAllaahu alayhi wa sallam) also said: The right of inheritance vests with one who emancipates.

No. 3595

Abu Huraira (Allaah be pleased with him) reported: 'A'isha (Allaah be pleated with her) thought of buying a slave-girl and emancipating her, but her owners refused to (sell her but on the condition) that the right of inheritance would vest in them. She made a mention of that to Allaah's Messenger (sallAllaahu alayhi wa sallam). whereupon he said: Let this (condition) not stand in your way for the right of inheritance vests with one who emancipates.




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