44/78. Chapter:
Sunan an-Nasai 4642 — Wala Rights
If there Is an invalid condition in a transaction, the transaction Is valid but that condition is invalid
Hadith About Wala Rights: Barirah and Manumission
Sunan an-Nasai : 4642
Sunan an-NasaiHadith Number 4642
أَخْبَرَنَا قُتَيْبَةُ بْنُ سَعِيدٍ، قَالَ حَدَّثَنَا جَرِيرٌ، عَنْ مَنْصُورٍ، عَنْ إِبْرَاهِيمَ، عَنِ الأَسْوَدِ، عَنْ عَائِشَةَ، قَالَتِ اشْتَرَيْتُ بَرِيرَةَ فَاشْتَرَطَ أَهْلُهَا وَلاَءَهَا فَذَكَرْتُ ذَلِكَ لِلنَّبِيِّ صلى الله عليه وسلم فَقَالَ " أَعْتِقِيهَا فَإِنَّ الْوَلاَءَ لِمَنْ أَعْطَى الْوَرِقَ " . قَالَتْ فَأَعْتَقْتُهَا - قَالَتْ - فَدَعَاهَا رَسُولُ اللَّهِ صلى الله عليه وسلم فَخَيَّرَهَا مِنْ زَوْجِهَا فَاخْتَارَتْ نَفْسَهَا وَكَانَ زَوْجُهَا حُرًّا .
A'isha Narrated from:
I bought Barirah and her masters stipulated that her loyalty (Wala) should be to them, I mentioned that to the Prophet and he said: 'Set her free, and loyalty belongs to the one who pays the silver.''' She said: "so I set her free. The Messenger of Allah called her and gave her the choice regarding her husband, and she chose herself. Her husband was a free man."
Reference : Sunan an-Nasa'i 4642In-book reference : Book 44, Hadith 194English translation : Vol. 5, Book 44, Hadith 4646
Summary of Sunan an-Nasai Hadith 4642
This hadith about Barirah and wala explains a clear rule from the text: loyalty belongs to the one who pays the silver and sets the person free. Aishah bought Barirah, but Barirah's masters wanted the loyalty to remain with them. Aishah mentioned this to the Prophet. He told her to set Barirah free and stated that loyalty belongs to the one who pays. After Barirah was freed, the Messenger of Allah called her and gave her the choice regarding her husband. She chose herself. The hadith stays focused on two connected points: the right of wala after manumission, and Barirah being given a choice concerning her marriage after freedom.
What we learn from this hadith
- Wala belongs to the one who pays and sets the slave free.
- A condition that conflicts with this rule does not change the ruling stated here.
- Barirah was given a choice regarding her husband after being freed.
- Aishah followed the Prophet's instruction and freed Barirah.
