The ruling on the contract of manumission and whether it is obligatory upon the master
Machine translationRead the Arabic original
The questioner:
Naturally, the 'Umrah.
The Shaykh:
This is Taha, which was mentioned in a hadith once, every door of production.
The questioner:
Meaning, a bridge emerged from the three.
The Shaykh:
The cause comes; this is what did not pass through the door, how do I get out except by a weak hadith that is not relied upon.
The questioner:
A person deals, for example, in an egg.
The Shaykh:
In changing, he chose this, may Allah have mercy on him, but the better and closer option is to follow the righteous Salaf in this, because this may cause harm.
The questioner:
Mukatabah, if the slave requests it, if a Muslim requests a mukatabah.
The Shaykh:
It is held that the majority view is that it is only a recommended practice (sunnah); they interpreted the command as being for recommendation. It is narrated from 'Umar ibn 'Abdullah, then
The questioner:
A little something.
The Shaykh:
Regarding the master, and that he obligated Anas with a mukatabah for Sirin, and said, "If you do not do it, I will demand you with the pearl." So some scholars took from this that he sees it as obligatory, and it is the apparent meaning of the Qur'an. "So write a contract with them." What appears from the apparent meaning of the Qur'an is that if the slave requests the mukatabah, and the condition falls into it, that he is obligated to write the contract. But it was interpreted as a recommended practice (sunnah), and the aspect of that, may Allah know best, is that He said, "Your blood and your wealth are forbidden to you," and that it is his property, so he is not obligated to release you. The evidence indicated the prohibition of wealth, and that a person is not forced to dispose of his wealth without right. So this is his wealth, so he is not obligated to release from his ownership. And those who said it is obligatory said this is an exception; he must be obligated to release something from his ownership if a need calls for it, just as he is obligated to spend on his children and on his wife and on his companion and on his answer. He is obligated to write the contract as well.
The questioner:
Yes.
The Shaykh:
Regarding the generality of the 'Umrah.
The questioner:
Allah is the Greatest.
The Shaykh:
You do not remember it, or you do not remember it, she said, "Praise be to Allah," meaning it was not easy for me to consult the people of knowledge on this. Yes.
The questioner:
Yes, the request of the bad one.
The Shaykh:
Yes, yes.
The questioner:
The request of the master, if strength is desired from himself, and the request of the slave from the master that it be recommended in the right of the master or obligatory, so in the right of the slave, he requests from his master that he desire strength from himself,
The Shaykh:
The verse contains the information, and whoever seeks to meet with him, then give them their due, and it contains the information, but it may be said from the perspective of principles, from the perspective of rules, that it is recommended for him; because his striving to free himself from slavery is a required matter. His request, if he is facilitated thereby from the aspect of his craft and his work, just as he strives if some of the soldiers are freed, meaning it is required for him to strive for his release, so the legal rules necessitate the recommendation of the wage, if the soul finds strength to request from his master a mukatabah.
Naturally, the 'Umrah.
The Shaykh:
This is Taha, which was mentioned in a hadith once, every door of production.
The questioner:
Meaning, a bridge emerged from the three.
The Shaykh:
The cause comes; this is what did not pass through the door, how do I get out except by a weak hadith that is not relied upon.
The questioner:
A person deals, for example, in an egg.
The Shaykh:
In changing, he chose this, may Allah have mercy on him, but the better and closer option is to follow the righteous Salaf in this, because this may cause harm.
The questioner:
Mukatabah, if the slave requests it, if a Muslim requests a mukatabah.
The Shaykh:
It is held that the majority view is that it is only a recommended practice (sunnah); they interpreted the command as being for recommendation. It is narrated from 'Umar ibn 'Abdullah, then
The questioner:
A little something.
The Shaykh:
Regarding the master, and that he obligated Anas with a mukatabah for Sirin, and said, "If you do not do it, I will demand you with the pearl." So some scholars took from this that he sees it as obligatory, and it is the apparent meaning of the Qur'an. "So write a contract with them." What appears from the apparent meaning of the Qur'an is that if the slave requests the mukatabah, and the condition falls into it, that he is obligated to write the contract. But it was interpreted as a recommended practice (sunnah), and the aspect of that, may Allah know best, is that He said, "Your blood and your wealth are forbidden to you," and that it is his property, so he is not obligated to release you. The evidence indicated the prohibition of wealth, and that a person is not forced to dispose of his wealth without right. So this is his wealth, so he is not obligated to release from his ownership. And those who said it is obligatory said this is an exception; he must be obligated to release something from his ownership if a need calls for it, just as he is obligated to spend on his children and on his wife and on his companion and on his answer. He is obligated to write the contract as well.
The questioner:
Yes.
The Shaykh:
Regarding the generality of the 'Umrah.
The questioner:
Allah is the Greatest.
The Shaykh:
You do not remember it, or you do not remember it, she said, "Praise be to Allah," meaning it was not easy for me to consult the people of knowledge on this. Yes.
The questioner:
Yes, the request of the bad one.
The Shaykh:
Yes, yes.
The questioner:
The request of the master, if strength is desired from himself, and the request of the slave from the master that it be recommended in the right of the master or obligatory, so in the right of the slave, he requests from his master that he desire strength from himself,
The Shaykh:
The verse contains the information, and whoever seeks to meet with him, then give them their due, and it contains the information, but it may be said from the perspective of principles, from the perspective of rules, that it is recommended for him; because his striving to free himself from slavery is a required matter. His request, if he is facilitated thereby from the aspect of his craft and his work, just as he strives if some of the soldiers are freed, meaning it is required for him to strive for his release, so the legal rules necessitate the recommendation of the wage, if the soul finds strength to request from his master a mukatabah.
Source
شرح بلوغ المرام [ ابن باز ] [ الشرح القديم ]، بداية من كتاب البيوع — islamhouse.com (58:07)
The Arabic text is a machine transcription of the audio recording.