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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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His saying (peace and blessings be upon him): “What condition is not in the Book of Allah” — where is this in the Book of Allah? “Indeed, the bond of patronage belongs to the one who frees the slave.”

Machine translationRead the Arabic original
The questioner : O Shaykh
Any condition which is not in Allah's Laws ما كان من شرط ليس في كتاب الله
Sahih al-Bukhari 2729
.

The Shaykh : Yes.

The questioner : Where is this in the Book of Allah? Where is this in the Book of Allah?
The Wala' is for the manumitted (of the slave). إنّما الولاء لمن أعتق
Sahih al-Bukhari 6752


The Shaykh : We did not say that the Sunnah is from the Book of Allah, because Allah says:
And what the Messenger has given you, take it وما آتاكم الرّسول فخذوه
Then we said that the meaning of “not in the Book” does not mean that the condition must exist, but rather that its resolution is not in the Book of Allah. That is what is intended, because if we said that we do not accept any conditions except those found in the Book, the scope of conditions would become too narrow.
The reader: And peace and blessings be upon the Messenger of Allah.

The Shaykh : May Allah send prayers and peace upon the Messenger of Allah.
The reader: The author (may Allah have mercy on him) said: “And from Aisha (may Allah be pleased with her), she said:
Barira came to me and said, 'I have written myself as mukatab for my people for nine uqiyas جاءتني بريرة فقالت: إني كاتبت أهلي على تسعة أواق
Muwatta Malik 38:18
”
..

The Shaykh : No, no, we have read this, Khalid.
The student: The benefits, O Shaykh, we did not take the benefits.

The Shaykh : We did not take its benefits?
The student: No, we did not take them.

The Shaykh : Yes, good.
The reader: “And from Aisha (may Allah be pleased with her), she said:
Barira came to me and said, 'I have written myself as mukatab for my people for nine uqiyas, one uqiya per year, so help me.' A'isha said, 'If your people agree that I pay it all to them for you, and that if I pay it, your wala' is mine, then I will do it.' Barira went to her masters and told them that and they didn't agree. جاءتني بريرة فقالت: إني كاتبت أهلي على تسع أواق، في كل عام أوقية، فأعينيني. فقلت: إن أحب أهلك أن أعدها لهم ويكون ولاؤك لي فعلت، فذهبت بريرة إلى أهلها ، فقالت لهم: فأبوا عليها
Muwatta Malik 38:18
..”


The Shaykh : They refused.
The reader: “
and they didn't agree. She came back from her masters while the Messenger of Allah, may Allah bless him and grant him peace, was sitting. She said to A'isha, 'I offered that to them and they refused فأبوا عليها، فجاءت من عندهم، ورسول الله صلى الله عليه وسلم جالس، فقالت: إني قد عرضت ذلك عليهم فأبوا
Muwatta Malik 38:18
”


The Shaykh : They refused.
The reader: “
Malik related to me from Hisham ibn Urwa from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Barira came to me and said, 'I have written myself as mukatab for my people for nine uqiyas, one uqiya per year, so help me.' A'isha said, 'If your people agree that I pay it all to them for you, and that if I pay it, your wala' is mine, then I will do it.' Barira went to her masters and told them that and they didn't agree. She came back from her masters while the Messenger of Allah, may Allah bless him and grant him peace, was sitting. She said to A'isha, 'I offered that to them and they refused me unless they had the wala'.' The Messenger of Allah, may Allah bless him and grant him peace, heard that and asked her about it A'isha told him and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Take her and stipulate that the wala' is yours, for the wala' is for the one who sets free.' So A'isha did that and then the Messenger of Allah, may Allah bless him and grant him peace, stood up in front of the people, and praised Allah and gave thanks to Him. Then he said, 'What is wrong with the people who make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid even if it is a hundred conditions. The decree of Allah is truer and the conditions of Allah are firmer, and the wala' only belongs to the one who sets free.' " فأبَوْا إلا أن يكون الولاء لهم، فسمع النبي صلى الله عليه وسلم فأخبرت عائشة النبي صلى الله عليه وسلم فقال: خذيها واشترطي لهم الولاء ، فإنما الولاء لمن أعتق ، ففعلت عائشة رضي الله تعالى عنها ،ثم قام رسول الله صلى الله عليه وسلم في الناس خطيبا فحمد الله وأثنى عليه
Muwatta Malik 38:18
”
..

The Shaykh : We do not have: “as a speaker” Do you have “as a speaker”?
The student: ...

The Shaykh : Huh?
The student: Yes, indeed.
The reader: “
and praised Allah and gave thanks to Him. Then he said, 'What is wrong with the people who make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid even if it is a hundred conditions. The decree of Allah is truer and the conditions of Allah are firmer, and the wala' only belongs to the one who sets free.' فحمد الله وأثنى عليه ثم قال: أما بعد، فما بال رجال يشترطون شروطا ليست في كتاب الله عز وجلّ؟ ما كان من شرط ليس في كتاب الله فهو باطل، وإن كان مائة شرط، قضاء الله أحق، وشرط الله أوثق، وإنما الولاء لمن أعتق
Muwatta Malik 38:18
. Agreed upon by al-Bukhari and Muslim, and the wording is al-Bukhari’s. And in Muslim, he said:
Buy her and emancipate her, and let the right of inherit- ance vest in them اشتريها وأعتقيها واشترطي لهم الولاء
Sahih Muslim 1504d
”
.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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