Attribution of freed slaves to their former masters
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Fatwa number ( 21327 )
Q: Our fathers and grandfathers had (slaves). Some of them were freed by their owners before the owners' deaths, and some lived under their protection without being slaves. All of these people passed away and left behind free descendants who were not in slavery. They obtained personal identity cards (nationalities), and each of these freed persons adopted the Hashemite title (so-and-so al-Sharif) instead of (so-and-so al-Mawlad, or al-Ghulam, or without lineage), for example. They are not genealogically connected to the People of the House, whose uncles are connected to them. Since there are hadiths that affirm the preservation of lineage, and people are trustees of their lineages, and preserving lineage is a trust that must be kept, especially the lineage of the Prophet's family (peace and blessings be upon him), as established in the authentic collection of Muslim from Zayd ibn Arqam (may Allah be pleased with him), who said: The Messenger of Allah (peace and blessings be upon him) gave a sermon at Ghadir, which is called (Khum ), between Makkah and al-Madinah , and he said:Sahih Muslim 2408a . It was said to Zayd ibn Arqam : Who are the People of his House? He said: Those who were forbidden from taking charity: the family of 'Ali and the family of Ja'far , and the family of 'Aqil , and the family of 'Abbas . Is it permissible in the Shari'ah to attribute the mawala (clients) and their children to this noble lineage? Are they considered part of them, or is it an error that must be corrected in the nationalities held by them and their descendants? Is it possible to change the title al-Sharif for them to another title? I ask for the scholarly ruling for which you will be rewarded, and I thank you for your answer.
A: It is not permissible for freed slaves to attribute themselves to their former masters unless the relationship of mawala (clientage) is explicitly mentioned; because of the hadiths that contain a warning for whoever attributes himself to other than his father, as the scholars did in the biographies of these people; because that is lying, and lineages become mixed up by it, and the rulings of the Shari'ah are disrupted. The prohibition is further emphasized when a person attributes himself to the noble lineage, because specific Shari'ah rulings are attached to that. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: Our fathers and grandfathers had (slaves). Some of them were freed by their owners before the owners' deaths, and some lived under their protection without being slaves. All of these people passed away and left behind free descendants who were not in slavery. They obtained personal identity cards (nationalities), and each of these freed persons adopted the Hashemite title (so-and-so al-Sharif) instead of (so-and-so al-Mawlad, or al-Ghulam, or without lineage), for example. They are not genealogically connected to the People of the House, whose uncles are connected to them. Since there are hadiths that affirm the preservation of lineage, and people are trustees of their lineages, and preserving lineage is a trust that must be kept, especially the lineage of the Prophet's family (peace and blessings be upon him), as established in the authentic collection of Muslim from Zayd ibn Arqam (may Allah be pleased with him), who said: The Messenger of Allah (peace and blessings be upon him) gave a sermon at Ghadir, which is called (Khum ), between Makkah and al-Madinah , and he said:
The second are the members of my household I remind you (of your duties) to the members of my family
وأهل بيتي أذكركم الله في أهل بيتي أذكركم الله في أهل بيتيA: It is not permissible for freed slaves to attribute themselves to their former masters unless the relationship of mawala (clientage) is explicitly mentioned; because of the hadiths that contain a warning for whoever attributes himself to other than his father, as the scholars did in the biographies of these people; because that is lying, and lineages become mixed up by it, and the rulings of the Shari'ah are disrupted. The prohibition is further emphasized when a person attributes himself to the noble lineage, because specific Shari'ah rulings are attached to that. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.