Benefits of the Hadith: (Jabir (may Allah be pleased with him) said: A man among us freed a slave of his in respect of his mother, and he had no wealth other than him...)
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The Shaykh : It is derived from this hadith that slavery is established in Islam, because the Prophet (peace and blessings be upon him) approved it, and the Messenger does not approve of anything false. Also, the texts of the Book and the Sunnah are replete with mentions of slavery and its rulings... such as manumission. It is astonishing that the enemies of the Muslims, may Allah misguide them, criticize Islam for the establishment of slavery, asking how one can enslave a human being like oneself. They have not realized what they do to Allah's servants, which is more severe than enslaving Allah's servants. The slave in Islam is honored and respected, to the extent that we feed him from what we eat and clothe him from what we wear. They enslave people, but through another path that is more severe and painful, is that not so? Therefore, if we look at the issue of Black and White people in America, we see the most astonishing degradation and failure to uphold their rights, which is far worse than the slavery established in Islam. We also say that the establishment of slavery in Islam led the Lawgiver to provide many causes for its removal. Even if the virtue of manumission alone were not sufficient, it would have been enough. But you did not show mercy to those you enslaved, nor did you care for them. You sucked their benefits and wealth, and you inflicted evil upon them, yes, and you imprisoned their freedoms.
Among the benefits of this hadith is also the permissibility of *tadbir*, which is manumission after death, because the man did this during the time of the Messenger (peace and blessings be upon him), and he was not rebuked for it.
Among them is also that if there is a debt, meaning on the master, then the *tadbir* is not executed, because the Messenger (peace and blessings be upon him) sold the slave and paid off his debt.
Among them is the importance of debt and that it takes precedence over manumission. If a man had a slave and a debt equal to its value, and he asked, "Which is better for me, to free the slave or to pay off my debt?" We would say that paying off the debt is better. For this reason, the Prophet (peace and blessings be upon him) invalidated the manumission for the sake of what?
The student: Paying off the debt.
The Shaykh : Paying off the debt.
Among them is that it may contain evidence for the view of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) that the transactions of a bankrupt person are not valid, even if he has not been declared bankrupt. Is that clear?
The student: Yes.
The Shaykh : Huh?
The student: Not clear.
The Shaykh : That the transactions of a bankrupt person are not valid, even if he has not been declared bankrupt, is known? It means that one who has a debt that consumes his wealth cannot validly dispose of his wealth through gifts, such as charity, manumission, and the like, whether he is restricted from doing so or not. This is undoubtedly a strong opinion, because his wealth is encumbered by the right of others, the right of the creditors. And because it is not rational and not wise to go and do the recommended thing while leaving the obligatory thing. For this reason, you find some people today, poor souls, who have debts and yet they give charity, invite people, and call them, yes. And you find, as the common people say, you find the table is not folded, yes. On every occasion they invite people and give charity, and their debts are upon them as numerous as their hairs. This is a mistake, not from wisdom nor from the Shari'ah. Wisdom is that you start with the obligatory. Sometimes I give ten riyals in charity, or I have a million... or I have a million, what do we say?
The student: ...
The Shaykh : We say that if you give ten riyals in charity, if you deduct ten riyals from your debt, you are left with a million minus ten, so you have benefited. A million minus ten is better than a million. For this reason, even Hajj, which is a pillar of Islam, was not made obligatory by Allah (Glorified and Exalted is He) in the presence of debt. And in this matter, I wish that you disseminate it among the common people. Some of the common people now are in debt and go to give charity. If donations are requested for charitable works, they go to donate. They expose themselves... in the matter of invitations, they invite this one to dinner, and that one to lunch, and this one to coffee, and this one to a display, and the like. If people are alerted to this matter, we explain to them the danger of debt, perhaps they will be guided.
Among the benefits of the hadith is that the Imam has the right to sell the property of the debtor to pay off his debt. What is the evidence?
The student: ...
The Shaykh : That the Prophet (peace and blessings be upon him) sold it and did not return to the heirs. He sold it and paid off the debt. Accordingly, it is permissible for the legal ruler to sell the property of the debtor and satisfy his debt. If the debt is of the same type as the property, then there is no need to sell the property, because he might sell it and it would be broken. And if the debt is of the same type, he pays it from it. Why did the author (may Allah have mercy on him) place this chapter and this hadith in the Book of Sales? So that we may benefit from the permissibility of selling the *mudabbar* (slave designated for manumission) if his owner has a debt.
Among the benefits of this hadith is also the permissibility of *tadbir*, which is manumission after death, because the man did this during the time of the Messenger (peace and blessings be upon him), and he was not rebuked for it.
Among them is also that if there is a debt, meaning on the master, then the *tadbir* is not executed, because the Messenger (peace and blessings be upon him) sold the slave and paid off his debt.
Among them is the importance of debt and that it takes precedence over manumission. If a man had a slave and a debt equal to its value, and he asked, "Which is better for me, to free the slave or to pay off my debt?" We would say that paying off the debt is better. For this reason, the Prophet (peace and blessings be upon him) invalidated the manumission for the sake of what?
The student: Paying off the debt.
The Shaykh : Paying off the debt.
Among them is that it may contain evidence for the view of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) that the transactions of a bankrupt person are not valid, even if he has not been declared bankrupt. Is that clear?
The student: Yes.
The Shaykh : Huh?
The student: Not clear.
The Shaykh : That the transactions of a bankrupt person are not valid, even if he has not been declared bankrupt, is known? It means that one who has a debt that consumes his wealth cannot validly dispose of his wealth through gifts, such as charity, manumission, and the like, whether he is restricted from doing so or not. This is undoubtedly a strong opinion, because his wealth is encumbered by the right of others, the right of the creditors. And because it is not rational and not wise to go and do the recommended thing while leaving the obligatory thing. For this reason, you find some people today, poor souls, who have debts and yet they give charity, invite people, and call them, yes. And you find, as the common people say, you find the table is not folded, yes. On every occasion they invite people and give charity, and their debts are upon them as numerous as their hairs. This is a mistake, not from wisdom nor from the Shari'ah. Wisdom is that you start with the obligatory. Sometimes I give ten riyals in charity, or I have a million... or I have a million, what do we say?
The student: ...
The Shaykh : We say that if you give ten riyals in charity, if you deduct ten riyals from your debt, you are left with a million minus ten, so you have benefited. A million minus ten is better than a million. For this reason, even Hajj, which is a pillar of Islam, was not made obligatory by Allah (Glorified and Exalted is He) in the presence of debt. And in this matter, I wish that you disseminate it among the common people. Some of the common people now are in debt and go to give charity. If donations are requested for charitable works, they go to donate. They expose themselves... in the matter of invitations, they invite this one to dinner, and that one to lunch, and this one to coffee, and this one to a display, and the like. If people are alerted to this matter, we explain to them the danger of debt, perhaps they will be guided.
Among the benefits of the hadith is that the Imam has the right to sell the property of the debtor to pay off his debt. What is the evidence?
The student: ...
The Shaykh : That the Prophet (peace and blessings be upon him) sold it and did not return to the heirs. He sold it and paid off the debt. Accordingly, it is permissible for the legal ruler to sell the property of the debtor and satisfy his debt. If the debt is of the same type as the property, then there is no need to sell the property, because he might sell it and it would be broken. And if the debt is of the same type, he pays it from it. Why did the author (may Allah have mercy on him) place this chapter and this hadith in the Book of Sales? So that we may benefit from the permissibility of selling the *mudabbar* (slave designated for manumission) if his owner has a debt.