Explanation of the Book of Sales-05

The Shaykh : He said: And from Ibn 'Umar (may Allah be pleased with both of them), he said: "Umar prohibited the sale of mothers of children, saying: They are not to be sold, nor inherited. He may enjoy them as long as he wishes. If he dies, she is free. Malik and al-Bayhaqi narrated it, and he said: Some of the narrators elevated it to the Prophet, and they erred."
He said: "Umar prohibited the sale of mothers of children" The prohibition, we have previously established that it is?
The student: A request to refrain.

The Shaykh : A request to refrain in the sense of asserting authority.
If someone were to ask, does 'Umar have the right to prohibit and command in the Shari'ah of Allah? Yes? We would say to him that this is by virtue of his caliphate; he did this by virtue of the caliphate, not as legislation, as will come if Allah wills in the discussion of the issue. So the prohibition here is because he is one who holds authority, and the ruler has the right to command and prohibit in what is required by governance and public benefit, due to the saying of the Exalted: And it is known that what we are commanded to obey the rulers in is not what was originally commanded, because what was originally commanded, we obey it whether they command it or not. If it were said, as some people say, "If they command us to do something, we do not obey them because this is contrary to the Shari'ah," then we would ask, in what do you obey them? He says, "I obey them in what Allah commanded." If they say, "Pray," I say, "Hear and obey." "Give zakah," hear and obey. "Fast," hear and obey. "Perform Hajj," hear and obey. We say, is this not hearing and obeying... they commanded you, but if they say, "March from the left always, or from the right always," he says, "No, I walk where I want... What do we say to him? Did he disobey Allah or not?
The student: Yes.

The Shaykh : He disobeyed Allah, if they contradict the Shari'ah, correct. If they said to me, for example, "Today do not pray in congregation..." it is work, and it is work that does not permit leaving the congregation, what do we say?
The student: ...

The Shaykh : We say, no hearing and no obeying. The adhan was called and the iqamah was established, and I was with a person in charge, and I said, "Let's go down to pray," and he said, "No, just let us finish our conversation and then we will go pray." What do we say to him?
The student: ...

The Shaykh : I say, no hearing and no obeying. Do you want to stand with me? May Allah guide you and me. If I do not stand, you remain sitting. In any case, we say, did 'Umar prohibit as a legislator or as a ruler?
The student: As a ruler.

The Shaykh : As a ruler, because he was a caliph (may Allah be pleased with him), and he is also one of the caliphs whom we were commanded to follow. The Prophet (peace and blessings be upon him) said: And he said: And as established in Sahih Muslim: Yes, this is a distinction... for them. Now, mothers of children, who are the mothers of children? The scholars said that the mother of a child is one who bore from her master what reveals the creation of a human being.