Continuation of the explanation of the previous hadith (And from him it was narrated: A man among us freed a slave of his upon his death, and he had no wealth other than him.
Machine translationRead the Arabic original
The Shaykh : Freeing a slave is among the best of deeds, for whoever frees a slave, Allah frees a member of his body from the Fire for every member of the slave’s body, even the private part for the private part. For this reason, Allah (Glorified and Exalted is He) made it an expiation for great sins, such as killing, zihar, and other great sins, as well as intercourse during Ramadan and breaking an oath. It has many forms, including saying to the slave, "You are free," using the verbal formula. It also includes a partner freeing his share, in which case the freedom extends to the other partner’s share. It also includes if he maims his slave; if he maims his slave, meaning, for example, he cuts off a finger or a toe, then the slave is forcibly freed. It also includes if he commits a shameful act with him, may Allah protect us from that, in which case the slave is freed. Thus, the Lawgiver established multiple causes for freeing slaves, all of this out of concern for freeing necks and delivering them from slavery.
He says: "A man among us freed a slave of his upon his death", meaning among the Ansar. "Upon his death". The term "dabr" (rear) is used for the end of a thing and for what comes after a thing; it is used for its end and for what follows it. Here, "upon his death" means what comes after it, meaning what comes after life. He conditioned the freeing of his slave upon his death, saying to him, "When I die, you are free." This is what is called tadbeer, which is conditioning the slave’s freedom upon the death of the master. The death of whom?
The student: The master.
The Shaykh : The death of the master, or the death of the slave?
The student: The master.
The Shaykh : The death of the master. He says, "If I die, you are free." This slave is not freed as long as his master is alive; he is not freed unless the master makes the freedom immediate. If he had made the freedom immediate and said, "You are free," before he died, the slave would have become free. But if he did not make it immediate, the slave remains a slave until the master dies. Now, is it permissible to sell him? Yes, it is permissible to sell him. It is permissible to sell him. And if he is sold and then returns to his ownership a second time, and he dies while still in his ownership, the slave is freed. Otherwise, he is not freed. This slave was freed by his master upon his death.
"And he had no wealth other than him, so the Prophet (peace and blessings be upon him) summoned him and sold him". Agreed upon by al-Bukhari and Muslim. This hadith is concise in wording, but it is mentioned in another narration that he had a debt. The master who freed his slave upon his death had a debt, so the Prophet (peace and blessings be upon him) sold him in his debt and paid it off.
He says: "A man among us freed a slave of his upon his death", meaning among the Ansar. "Upon his death". The term "dabr" (rear) is used for the end of a thing and for what comes after a thing; it is used for its end and for what follows it. Here, "upon his death" means what comes after it, meaning what comes after life. He conditioned the freeing of his slave upon his death, saying to him, "When I die, you are free." This is what is called tadbeer, which is conditioning the slave’s freedom upon the death of the master. The death of whom?
The student: The master.
The Shaykh : The death of the master, or the death of the slave?
The student: The master.
The Shaykh : The death of the master. He says, "If I die, you are free." This slave is not freed as long as his master is alive; he is not freed unless the master makes the freedom immediate. If he had made the freedom immediate and said, "You are free," before he died, the slave would have become free. But if he did not make it immediate, the slave remains a slave until the master dies. Now, is it permissible to sell him? Yes, it is permissible to sell him. It is permissible to sell him. And if he is sold and then returns to his ownership a second time, and he dies while still in his ownership, the slave is freed. Otherwise, he is not freed. This slave was freed by his master upon his death.
"And he had no wealth other than him, so the Prophet (peace and blessings be upon him) summoned him and sold him". Agreed upon by al-Bukhari and Muslim. This hadith is concise in wording, but it is mentioned in another narration that he had a debt. The master who freed his slave upon his death had a debt, so the Prophet (peace and blessings be upon him) sold him in his debt and paid it off.