20/3. Chapter:
Sahih Muslim 1504f — Three Issues of Barira
Al-Wala' (Right of inheritance) belongs to the one who manumits the slave
Barira Hadith: Wala, Choice, and Gift
Sahih Muslim : 1504f
Sahih MuslimHadith Number 1504f
حَدَّثَنَا زُهَيْرُ بْنُ حَرْبٍ، وَمُحَمَّدُ بْنُ الْعَلاَءِ، - وَاللَّفْظُ لِزُهَيْرٍ - قَالاَ حَدَّثَنَا أَبُو مُعَاوِيَةَ، حَدَّثَنَا هِشَامُ بْنُ عُرْوَةَ، عَنْ عَبْدِ الرَّحْمَنِ بْنِ الْقَاسِمِ، عَنْ أَبِيهِ، عَنْ عَائِشَةَ، قَالَتْ كَانَ فِي بَرِيرَةَ ثَلاَثُ قَضِيَّاتٍ أَرَادَ أَهْلُهَا أَنْ يَبِيعُوهَا وَيَشْتَرِطُوا وَلاَءَهَا فَذَكَرْتُ ذَلِكَ لِلنَّبِيِّ صلى الله عليه وسلم فَقَالَ " اشْتَرِيهَا وَأَعْتِقِيهَا فَإِنَّ الْوَلاَءَ لِمَنْ أَعْتَقَ " . قَالَتْ وَعَتَقَتْ فَخَيَّرَهَا رَسُولُ اللَّهِ صلى الله عليه وسلم فَاخْتَارَتْ نَفْسَهَا . قَالَتْ وَكَانَ النَّاسُ يَتَصَدَّقُونَ عَلَيْهَا وَتُهْدِي لَنَا . فَذَكَرْتُ ذَلِكَ لِلنَّبِيِّ صلى الله عليه وسلم فَقَالَ " هُوَ عَلَيْهَا صَدَقَةٌ وَهُوَ لَكُمْ هَدِيَّةٌ فَكُلُوهُ " .
Abd ar-Rahman ibn al-Qasim Narrated from:
Abd al-Rahman b. al. Qasim reported on the authority of his father: 'A'isha (Allah 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 Allah's Apostle (ﷺ) 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 Allah's Messenger (ﷺ) 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 Allah's Apostle (ﷺ), whereupon he said: That is charity for her but gift for you, so take that.
[1] The choice to be with her husband, who is still a slave or to leave him and be free.Reference : Sahih Muslim 1504fIn-book reference : Book 20, Hadith 12USC-MSA web (English) reference : Book 9, Hadith 3589
Summary of Sahih Muslim Hadith 1504f
This Hadith summarizes three issues from the case of Barira. First, her owners wanted to sell her while keeping the wala, but the Prophet صلى الله عليه وسلم said A’isha should buy and emancipate her because wala belongs to the one who emancipates. Second, after Barira was freed, Allah’s Messenger صلى الله عليه وسلم gave her the choice about her marriage, and she chose herself. Third, people gave charity to Barira, and she gave some of it as a gift to A’isha’s household. When A’isha mentioned this, the Prophet صلى الله عليه وسلم said it was charity for Barira but a gift for them, so they could eat it. The narration is rich, but the explanation should stay with these three points only.
What we learn from this hadith
- Wala belongs to the person who emancipates.
- Barira was given a choice about her marriage after being freed.
- What was charity for Barira could become a gift for those she gave it to.
