Continuation of the explanation of the hadith: (It was narrated from Ibn 'Umar - may Allah be pleased with them both - that he said: 'Umar forbade the sale of mothers of children, so he said: They are not to be sold)
Machine translationRead the Arabic original
The Shaykh : Mothers of children, who are the mothers of children? The scholars said that the mother of a child is the one who gives birth to her master something in which the creation of a human being is evident, meaning the concubine whom her master had intercourse with and who became pregnant from him and gave birth to something in which the creation of a human being is evident. This is the mother of a child. If she gives birth to a complete, living child?
The student: ...
The Shaykh : Huh?
The student: Even more so.
The Shaykh : I say, look at the definition of the mother of a child: she is the one who gives birth to her master something in which the creation of a human being is evident. This means a slave woman who gave birth to a formed clot, and another slave woman who gave birth to a complete child. Which one is the mother of a child?
The student: The second.
The Shaykh : Huh?
The student: ...
The Shaykh : Both, wrong, both of them, this is the correct answer, both of them, both of them are mothers of a child, clear? This is the mother of a child who gives birth to her master something in which the creation of a human being is evident, and the minimum in which the creation of a human being is evident is forty days; it is not evident before this, due to the saying of the Messenger of Allah (peace and blessings be upon him):Sahih al-Bukhari 3208 How long is this? Eighty days, then it becomes a clot, ... the clot, or it completes as a clot at the end of the forty days, and before it becomes a clot, it is not possible for the creation of a human being to be evident in it, meaning for its organs to be distinguished. Even though there are lines in the clot, lines indicating the place of the bones and the place of everything, a black line ... meaning it forms bit by bit until it is distinguished. But the intended meaning of the creation of a human being is that it is distinguished such that the head, the hand, and the leg, the organs, are seen complete. This is what we call the mother of a child. If she gives birth before that, is she not?
The student: A mother of a child.
The Shaykh : A mother of a child. If she gives birth before that, she is not a mother of a child. Okay, he says ...
The student: ...
The Shaykh : How?
The student: ...
The Shaykh : Eighty days, the minimum possible is eighty days. Okay, he says: "He forbade the sale of mothers of children". The one who sells her is her master. It is not permissible for him to sell her. Yes, he said she is not to be sold. He explained the prohibition by saying: "She is not to be sold, nor inherited". If we returned to the rules of the Arabic language, we would find that "she is not to be sold" does not contain a prohibition. Why?
The student: ...
The Shaykh : No, it does not contain a prohibition, because if it were a prohibitive "la," the verb would be in the jussive mood. And if the verb were in the jussive mood, it would be said? "Do not sell." But it is a negation in the meaning of?
The student: Prohibition.
The Shaykh : Prohibition. A negation in the meaning of prohibition. Okay, she is not to be sold, nor given as a gift, nor inherited. Here, he explained the thing with something broader than it. He said he forbade the sale of mothers of children, so he said she is not to be sold. If he had stopped at this, the explainer would have matched the explained. But he added, saying "nor given as a gift". A gift is the donation of wealth without compensation, meaning he does not give her to anyone without compensation. And she is not inherited, meaning she does not pass to the heirs by death. What happens after death? He said: "If he dies, she is free". So this master enjoys her during his life just as he enjoys a wife, exactly, because she is a right of possession. If he dies, she is free. Free, even if he does not leave anyone else. Meaning she is not like the one whose freedom is deferred, who is taken from the one-third. She is taken from the principal, meaning that if he did not leave anyone else, she would be freed. Clear, or not clear?
The student: Clear.
The Shaykh : He says: "If he dies, she is free". This is the statement of 'Umar. So if he dies, she is free, even if he does not leave anyone else. An example of this is a man who had intercourse with his slave woman and she gave birth to a child, then he died. What happens to her?
The student: She becomes free.
The Shaykh : She becomes free. The heirs said, it is not possible for her to be free because he has no one else. We said, yes, because the cause of freedom precedes the cause of inheritance. The cause of freedom is prior, and it is giving birth. The cause of inheritance is later, and it is?
The student: Death.
The Shaykh : Death. So the establishment of the cause of her freedom precedes death, and at that time she is freed entirely, even if he does not leave anyone else.
Okay, he says: "Malik and Al-Bayhaqi narrated it, and he said: Some of the narrators elevated it, and they were mistaken.". Elevated it means to the Prophet (peace and blessings be upon him) and made it from the saying of the Messenger (peace and blessings be upon him). But he was mistaken. And a mistake is when a person imagines a thing to be other than what it is, and he speaks with his tongue or acts with his limbs in a way that implies that mistake. This is a mistake. Okay, this hadith, do you understand now about mothers of children?
The student: ...
The Shaykh : Who?
The student: ...
The Shaykh : The slave woman who gives birth to her master something in which the creation of a human being is evident. Okay, what is her ruling? According to what 'Umar (may Allah be pleased with him) said, that ownership is not transferred in her, neither by sale, nor gift, nor inheritance, even though inheritance is a compulsory ownership. In reality, we should stop at these examples. Sale is a voluntary contract of exchange. A gift is a voluntary contract of donation. Inheritance?
The student: Compulsory.
The Shaykh : Compulsory. A transfer of compulsory ownership. So he mentioned all the things because her ownership is not transferred, neither by exchange, nor donation, nor compulsory ownership.
The student: ...
The Shaykh : Huh?
The student: Even more so.
The Shaykh : I say, look at the definition of the mother of a child: she is the one who gives birth to her master something in which the creation of a human being is evident. This means a slave woman who gave birth to a formed clot, and another slave woman who gave birth to a complete child. Which one is the mother of a child?
The student: The second.
The Shaykh : Huh?
The student: ...
The Shaykh : Both, wrong, both of them, this is the correct answer, both of them, both of them are mothers of a child, clear? This is the mother of a child who gives birth to her master something in which the creation of a human being is evident, and the minimum in which the creation of a human being is evident is forty days; it is not evident before this, due to the saying of the Messenger of Allah (peace and blessings be upon him):
a human being is put together in the womb of the mother in forty days, and then he becomes a clot of thick blood for a similar period
إنّ أحدكم يجمع خلقه في بطن أمّه أربعين يوما نطفة ثمّ يكون علقة مثل ذلكThe student: A mother of a child.
The Shaykh : A mother of a child. If she gives birth before that, she is not a mother of a child. Okay, he says ...
The student: ...
The Shaykh : How?
The student: ...
The Shaykh : Eighty days, the minimum possible is eighty days. Okay, he says: "He forbade the sale of mothers of children". The one who sells her is her master. It is not permissible for him to sell her. Yes, he said she is not to be sold. He explained the prohibition by saying: "She is not to be sold, nor inherited". If we returned to the rules of the Arabic language, we would find that "she is not to be sold" does not contain a prohibition. Why?
The student: ...
The Shaykh : No, it does not contain a prohibition, because if it were a prohibitive "la," the verb would be in the jussive mood. And if the verb were in the jussive mood, it would be said? "Do not sell." But it is a negation in the meaning of?
The student: Prohibition.
The Shaykh : Prohibition. A negation in the meaning of prohibition. Okay, she is not to be sold, nor given as a gift, nor inherited. Here, he explained the thing with something broader than it. He said he forbade the sale of mothers of children, so he said she is not to be sold. If he had stopped at this, the explainer would have matched the explained. But he added, saying "nor given as a gift". A gift is the donation of wealth without compensation, meaning he does not give her to anyone without compensation. And she is not inherited, meaning she does not pass to the heirs by death. What happens after death? He said: "If he dies, she is free". So this master enjoys her during his life just as he enjoys a wife, exactly, because she is a right of possession. If he dies, she is free. Free, even if he does not leave anyone else. Meaning she is not like the one whose freedom is deferred, who is taken from the one-third. She is taken from the principal, meaning that if he did not leave anyone else, she would be freed. Clear, or not clear?
The student: Clear.
The Shaykh : He says: "If he dies, she is free". This is the statement of 'Umar. So if he dies, she is free, even if he does not leave anyone else. An example of this is a man who had intercourse with his slave woman and she gave birth to a child, then he died. What happens to her?
The student: She becomes free.
The Shaykh : She becomes free. The heirs said, it is not possible for her to be free because he has no one else. We said, yes, because the cause of freedom precedes the cause of inheritance. The cause of freedom is prior, and it is giving birth. The cause of inheritance is later, and it is?
The student: Death.
The Shaykh : Death. So the establishment of the cause of her freedom precedes death, and at that time she is freed entirely, even if he does not leave anyone else.
Okay, he says: "Malik and Al-Bayhaqi narrated it, and he said: Some of the narrators elevated it, and they were mistaken.". Elevated it means to the Prophet (peace and blessings be upon him) and made it from the saying of the Messenger (peace and blessings be upon him). But he was mistaken. And a mistake is when a person imagines a thing to be other than what it is, and he speaks with his tongue or acts with his limbs in a way that implies that mistake. This is a mistake. Okay, this hadith, do you understand now about mothers of children?
The student: ...
The Shaykh : Who?
The student: ...
The Shaykh : The slave woman who gives birth to her master something in which the creation of a human being is evident. Okay, what is her ruling? According to what 'Umar (may Allah be pleased with him) said, that ownership is not transferred in her, neither by sale, nor gift, nor inheritance, even though inheritance is a compulsory ownership. In reality, we should stop at these examples. Sale is a voluntary contract of exchange. A gift is a voluntary contract of donation. Inheritance?
The student: Compulsory.
The Shaykh : Compulsory. A transfer of compulsory ownership. So he mentioned all the things because her ownership is not transferred, neither by exchange, nor donation, nor compulsory ownership.