20/3. Chapter:
Sahih Muslim 1504h — Wala and Gift
Al-Wala' (Right of inheritance) belongs to the one who manumits the slave
Barira Hadith on Wala and Gifted Charity
Sahih Muslim : 1504h
Sahih MuslimHadith Number 1504h
حَدَّثَنَا مُحَمَّدُ بْنُ الْمُثَنَّى، حَدَّثَنَا مُحَمَّدُ بْنُ جَعْفَرٍ، حَدَّثَنَا شُعْبَةُ، قَالَ سَمِعْتُ عَبْدَ، الرَّحْمَنِ بْنَ الْقَاسِمِ قَالَ سَمِعْتُ الْقَاسِمَ، يُحَدِّثُ عَنْ عَائِشَةَ، أَنَّهَا أَرَادَتْ أَنْ تَشْتَرِيَ، بَرِيرَةَ لِلْعِتْقِ فَاشْتَرَطُوا وَلاَءَهَا فَذَكَرَتْ ذَلِكَ لِرَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ " اشْتَرِيهَا وَأَعْتِقِيهَا فَإِنَّ الْوَلاَءَ لِمَنْ أَعْتَقَ " . وَأُهْدِيَ لِرَسُولِ اللَّهِ صلى الله عليه وسلم لَحْمٌ فَقَالُوا لِلنَّبِيِّ صلى الله عليه وسلم هَذَا تُصُدِّقَ بِهِ عَلَى بَرِيرَةَ . فَقَالَ " هُوَ لَهَا صَدَقَةٌ وَهُوَ لَنَا هَدِيَّةٌ " . وَخُيِّرَتْ . فَقَالَ عَبْدُ الرَّحْمَنِ وَكَانَ زَوْجُهَا حُرًّا . قَالَ شُعْبَةُ ثُمَّ سَأَلْتُهُ عَنْ زَوْجِهَا فَقَالَ لاَ أَدْرِي .
A'isha (Allah 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 Allah's Messenger (ﷺ), whereupon he said: Buy her and emancipate her for the right of inheritance vests with one who emancipates. Allah's Messenger (ﷺ) was given meat as gift. They (his Companions) said to Allah's Apostle (ﷺ): 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.
Reference : Sahih Muslim 1504hIn-book reference : Book 20, Hadith 14USC-MSA web (English) reference : Book 9, Hadith 3591
Summary of Sahih Muslim Hadith 1504h
This narration repeats the main Barira Hadith with the rule that wala belongs to the one who emancipates. A’isha wanted to buy Barira for emancipation, while the sellers set a condition about wala. The Prophet صلى الله عليه وسلم told her to buy and emancipate her. Later, meat was given to the Prophet صلى الله عليه وسلم, and people said it had been charity for Barira. He explained that it was charity for Barira but a gift for them. The report also says Barira was given an option, and it records a narrator’s statement and later uncertainty about whether her husband was free. Because the text itself mentions that uncertainty, the safest explanation is to avoid making more claims than the report clearly states.
What we learn from this hadith
- The right of wala belongs to the one who emancipates.
- Charity can be described differently when the recipient gives it as a gift.
- The narration preserves a note of uncertainty about Barira’s husband.
