Continuation of the explanation of the hadith: (… So I said: If your family is willing that I pay them for her and that your loyalty (wala') be mine, I will do so. So Barira went to her family and said to them)

The Shaykh : This is the beginning of the lesson. "If your family is willing" is a conditional clause, and "I will do so" is the answer to the condition. And her saying (may Allah be pleased with her): means they will give her to them for a set price. And it has passed us before: how much was this in dirhams?
The student: Nine uqiyah.

The Shaykh : Nine uqiyah, each uqiyah is forty dirhams. Four times nine?
The student: ...

The Shaykh : … How much? … How much? 36. So it becomes 360.
The student: ...

The Shaykh : Huh?
The student: ...

The Shaykh : No, it is not a mithqal, but 360 dirhams. "If your family is willing that I pay them for her" means that I pay them nine uqiyah, which is 360 Islamic dirhams, because the uqiyah is forty dirhams, as the Prophet (peace and blessings be upon him) said. And in the hadith of Abu Bakr regarding the slave woman in Raqa, so we understood from this that the uqiyah is how much? Forty dirhams. Good.
And her saying What is the loyalty (wala')? Linguistically, wala' is from wilayah (guardianship/authority). In the Shari'ah, it is used with several meanings:
One of them is the wala' of manumission, which is that when a person frees a slave, the slave becomes a residuary heir ('asabah) to him, just like kinship, except that it is lower in rank. For this reason, no one who is a residuary heir by wala' is entitled to any of the rights of residuary inheritance as long as there is a residuary heir by kinship. If a person dies leaving a daughter and a freed slave, the daughter gets half and the rest goes to the freed slave. But if he dies leaving a daughter and a paternal uncle, the daughter gets half and the uncle gets the rest. So the wala' of manumission has a bond in the person like the bond of kinship, except that, as we said, it cannot claim any of the rights of residuary inheritance as long as any of the residuary heirs by kinship are present.
Good, she says: So Barira went to her family and said that to them. And I think it has passed us before: what is meant by "family" here? They are her masters.
"They refused" means they refused for the wala' to be for Aisha; they wanted the wala' to be for themselves.
She said: He was sitting in Aisha's room, because it was the custom of the Messenger (peace and blessings be upon him) to be in the affairs of his family in the house, or in the mosque, or in the affairs of the Muslims (peace and blessings be upon him).
She says: So I said to them meaning they agreed to sell her to Aisha for cash, but on the condition that the wala' be for them, that they retain it, so that they would have the right of residuary inheritance after the residuary inheritance by kinship for this woman.
"Take her" means buy her, and stipulate the wala' for them as they requested. Stipulate the wala' for them as they requested. So the Prophet (peace and blessings be upon him) ordered her to take her and to stipulate the wala' for them. This order is not an order of obligation or recommendation, but it is an order of permissibility, because it came in response to a question. And it has passed us before that if an order comes in response to a question, it is for permissibility. Good. And likewise, if it occurs after a prohibition, it is for permissibility or for lifting the prohibition, though there is disagreement on that, and it has been mentioned before in the principles of jurisprudence.
He said: meaning as they wanted. And the Messenger (peace and blessings be upon him) only said that for a matter that will become clear later. The scholars differed on the lam (preposition) here: is it for ownership and entitlement, or does it mean "upon"? Some scholars said it means "upon," i.e., stipulate the wala' upon them. They said that and cited as evidence His saying (Glorified and Exalted is He): to the end of the verse. They said that the lam here means "upon," just as Allah (Glorified and Exalted is He) said: So the lam here means "upon." They were compelled to this so that it would not be implied, by keeping the lam in its original sense, that the Messenger (peace and blessings be upon him) permitted a defective condition, because stipulating the wala' for them is contrary to the Shari'ah. And they said the Messenger (peace and blessings be upon him) cannot order or permit something contrary to the Shari'ah. So we were compelled to make the lam mean "upon" and we brought a witness from the Qur'an. Do you understand? Good.
This opinion appears correct on the surface, but upon reflection, it becomes clear that it is not correct. Because she had already stipulated the wala' for them, but they refused. So what is the benefit of repeating the condition again? And how can the Messenger say "stipulate the wala' upon them" when he knows that they have already refused it? Because this contains nothing but mere repetition without benefit. And the Prophet (peace and blessings be upon him) cannot order something without benefit, nor can he order something he knows has already been rejected. So it is necessary for us to keep the lam in its original sense, which is ownership and entitlement, meaning as they wanted, as they wanted. But yes, we answer their claim that the Messenger (peace and blessings be upon him) does not order something contrary to the Shari'ah, or does not permit something contrary to the Shari'ah. We answer that by saying that the Messenger of Allah (peace and blessings be upon him) did not permit it to be executed. If he had permitted it and it had been executed, it would have been problematic. But he permitted it to invalidate it after the condition was made. And invalidating a thing after it has been stipulated has a stronger impact and is clearer in its invalidation and nullification, is it not? Because if one simply said "this is invalid," it does not have the same impact on the mind as when one stipulates and then invalidates. Because someone might say, "This is forbidden, but if it is stipulated, it is executed." But we say, no, it is forbidden to stipulate the wala' for anyone other than the manumitter. So if it is stipulated, it is invalid and not executed. So the Messenger (peace and blessings be upon him) intended by that to stipulate the wala' for them as they requested and as they wanted, and then, after they stipulated it, the Messenger (peace and blessings be upon him) invalidates it.
And similar to this in some respects is that the Messenger (peace and blessings be upon him) ordered the one who was deficient in his prayer to pray several times a forbidden prayer, a forbidden prayer, because he was not settling in it. He said to him so he goes and prays as before, he says Why? So that the guidance of the Messenger (peace and blessings be upon him) for him, after he has gone through the trouble of a prayer that is not sufficient, the guidance and instruction of the Messenger for him would have an impact on his mind, an impact on his mind, so that it settles. And so he would know that a defective act of worship, no matter how much one does, does not absolve one's duty. And this is part of the wisdom in teaching, part of the wisdom in teaching.
So we say it is necessary for us to keep the lam in its original sense, because diverting it from the original sense requires evidence. And making it mean "upon" is not fitting for the Messenger of Allah (peace and blessings be upon him), who knows and understands that this is an impossible matter, because the group has already rejected this from the start. So there remains a problem in this: why are these people being deceived? Why are these people being deceived by stipulating the wala' for them and then it is cancelled? The answer to this will come, if Allah wills. The answer to this will come. The important thing is, …
The student: ...

The Shaykh : ...
The student: ...

The Shaykh : … upon her. Good, so we say the lam must be in its original sense, and that it is for entitlement. It is for them, i.e., for them as they requested, as they wanted.
Then the Messenger (peace and blessings be upon him) stated the legal ruling: The fa (conjunction) here is a connector, and "only" is a tool of restriction. "The wala'" is the subject, and "to the one who frees" is its predicate. And the meaning of the sentence is: The wala' belongs to the one who frees, and to no one else. And if a condition is made, Barira went and Aisha (may Allah be pleased with her) did so. Then the Messenger of Allah (peace and blessings be upon him) stood up, and so on. What did Aisha do? She took her and stipulated the wala' for them. She took her and stipulated the wala' for them. And the matter was completed. The matter was completed, on the condition that Aisha bought Barira the mukatabah (slave woman under a contract of manumission) on the condition that her wala' be for her family. Good.
Then the Messenger (peace and blessings be upon him) stood before the people, praised Allah, and extolled Him. He stood before them as a preacher, and this sermon is one of the occasional sermons. The Prophet (peace and blessings be upon him) would preach to his Companions both occasional sermons and regular sermons. For example, the Friday sermon is a regular sermon, the festival sermon is a regular sermon, and the prayer for rain is a regular sermon. As for the occasional ones, the Messenger (peace and blessings be upon him) would always preach them on special occasions. What about the sermon for the eclipse? Huh?
The student: Occasional.

The Shaykh : Occasional, and it is also said to be regular. That is, the scholars differed on whether the sermon for the eclipse is a recommended practice in all cases, or whether it is for an occasion to remind people. It is said that the eclipse occurred only once during the time of the Messenger (peace and blessings be upon him), and we do not know if it had occurred a second time whether the Messenger would have preached or not. The principle is that what he did is a recommended practice; this is the principle, that what he did is a recommended practice. Based on this, we say that it is recommended to have a sermon in the prayer for the eclipse, especially in our time when people are heedless of what is intended by the eclipse, or of what is intended by it in the Shari'ah. What is intended by it in the Shari'ah is to frighten people. So the sermon in this time, even if we say it is not among the regular recommended practices but rather among the occasional recommended practices, should not be missed in the prayer for the eclipse.
All right, he says: "We won't leave today without a question, because the time is good. All right."

The questioner : ...

The Shaykh : He says, then he said: Praised Allah: Praising is describing the one praised with perfection, accompanied by love and magnification. Describing the one praised with perfection, even once, accompanied by love and magnification. So when we say "accompanied by love and magnification," it is to exclude mere praise, for praise is describing the one praised with perfection, but it may be devoid of love and magnification. A person may praise someone who is the most detestable to him and whom he hates, but he praises him out of fear of his evil or hope for his giving, is that not so? As for praise (hamd), it is describing the one praised with perfection accompanied by love. A person finds his heart filled with love for this one described with perfection, and with magnification as well. Praising Allah (Glorified and Exalted is He), if you say "I praise Allah" or "Praise be to Allah (Mighty and Majestic)," it is regarding His inherent perfection and His kindness to creation. Therefore, when a person eats and drinks, he says "Praise be to Allah" for this kindness and this blessing. So Allah is praised for His inherent perfection and for His kindness that reaches His creation (Glorified and Exalted is He). He extolled Him by repeating the attributes of perfection. Read the hadith.
The reader: In the name of Allah, and praise be to Allah, and blessings and peace be upon the Messenger of Allah.
The author (may Allah have mercy on him) said: "

And it was narrated from Aisha (may Allah be pleased with her) that she said: Barira came to me and said: I have contracted a manumission agreement with my people for nine ounces of gold, one ounce each year, so help me. I said: If your people are willing that I pay it for them and that your bond of loyalty be mine, I will do it.

وعن عائشة رضي الله عنها قالت: جاءتني بريرة فقالت: إني كاتبت أهلي على تسع أواق، في كل عام أوقية، فأعينيني. فقلت: إن أحب

" ..

The Shaykh : Indeed.
The reader: "

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.

إن أحب أهلك أن أعدّها لهم ويكون ولاؤك لي فعلت، فذهبت بريرة إلى أهلها، فقالت لهم: فأبوا عليها، فجاءت من عندهم ، ورسول الله صلى الله عليه وسلم جالس

Muwatta Malik 38:18

"

The Shaykh : (peace and blessings be upon him)
The reader: "

She said: I have offered that to them, but they refused except that the bond of loyalty be theirs. The Prophet (peace and blessings be upon him) heard this, so Aisha informed the Prophet (peace and blessings be upon him), and he said: Take her and stipulate the bond of loyalty for them, for indeed, the bond of loyalty belongs to the one who sets free. So Aisha (may Allah be pleased with her) did so. Then the Messenger of Allah (peace and blessings be upon him) stood up to the people as a preacher, praised Allah and extolled Him, then said: As for what follows, what is the matter with people stipulating conditions that are not in the Book of Allah, the Mighty and Majestic? Whatever condition is not in the Book of Allah is invalid, even if there were a hundred conditions. The judgment of Allah is a right, and the condition of Allah is more binding. And indeed, the bond of loyalty belongs to the one who sets free.

فقالت: إني قد عرضت ذلك عليهم فأبوا 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 ثم قال: أما بعد، فما بال رجل يشترطون شروطا ليست في كتاب الله عزّ وجلّ؟ كان من شرط ليس ..

" ..

The Shaykh : What it was, what it was.
The reader: "

Any condition which is not in Allah's Laws is invalid even if there were a hundred such conditions. Allah's Rules are the most valid and Allah's Conditions are the most solid. The Wala is for the manumitted.

ما كان من شرط ليس في كتاب الله فهو باطل، وإن كان مائة شرط، قضاء الله حق، وشرط الله أوثق، وإنما الولاء لمن أعتق

Sahih al-Bukhari 2729

. 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

".

The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
We have previously discussed this hadith, and its story is that Barirah (may Allah be pleased with her) bought her freedom from her people for nine gold dinars and came to 'A'ishah to seek her help. 'A'ishah said, "If your people are willing, I will pay it back to them and give you the full price, and the loyalty (wala') will be mine." So Barirah went to her people, but they refused unless the loyalty remained with them. The Prophet (peace and blessings be upon him) said, "Take her."