Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-03b
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The reciter: Abu Nu'aym narrated to us, Sufyan narrated to us, from Abdullah ibn Dinar, from Ibn Umar (may Allah be pleased with them both), who said: Mishkat al-Masabih 2878.
The Shaykh : The sale of the bond of loyalty is like this: if a person has the bond of loyalty over a slave, and another person comes and says, "I want you to sell me your bond of loyalty over this slave," this is not permissible. And if he sold it, is the sale valid? No, it is not valid.
The same applies to its gift. If the manumitter says to another person, "I have gifted you the bond of loyalty of my slave," the gift is not valid, and the bond of loyalty remains with the one who manumitted. For this reason, the Prophet (peace and blessings be upon him) invalidated the condition of the people of Barirah that the bond of loyalty should be theirs.
The questioner : What if he bequeathed the bond of loyalty?
The Shaykh : It is not valid.
God’s Messenger forbade selling or giving away the right to inheritance from a manumitted slave.
نهى النبي صلى الله عليه وسلم عن بيع الولاء وعن هبتهThe Shaykh : The sale of the bond of loyalty is like this: if a person has the bond of loyalty over a slave, and another person comes and says, "I want you to sell me your bond of loyalty over this slave," this is not permissible. And if he sold it, is the sale valid? No, it is not valid.
The same applies to its gift. If the manumitter says to another person, "I have gifted you the bond of loyalty of my slave," the gift is not valid, and the bond of loyalty remains with the one who manumitted. For this reason, the Prophet (peace and blessings be upon him) invalidated the condition of the people of Barirah that the bond of loyalty should be theirs.
The questioner : What if he bequeathed the bond of loyalty?
The Shaykh : It is not valid.