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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Buying a slave known to be stolen

Machine translationRead the Arabic original
Question:
If a person wants to buy a slave and knows that she is not owned in a lawful manner, but rather that she is stolen, is it permissible for him to buy her after knowing this?

Answer:
No, it is not permissible if he knows that she is free; he is not allowed to buy her because he would be confirming them in this and enslaving her. However, if his intention is to buy her to free her from them, that is a good intention. If he wants to free her from them and cannot do so except by this method, there is no harm in that. But if he can free her from them by other means, such as complaining to the authorities and freeing her through the court, then it is not permissible for him to buy her. He should only buy her if it is impossible to free her except by purchasing her. Honorable Shaykh, may Allah grant you success, what is the meaning of the saying of the Prophet (peace and blessings be upon him)
The Wala' is for the manumitted (of the slave).إنما الولاء لمن أعتق
Sahih al-Bukhari 6752
? Is the bond of loyalty the same as inheritance?
Source الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 071-كتاب العتق — archive.org (1:25:44)

The Arabic text is a machine transcription of the audio recording.

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