Explanation of the Book of Sales-06

The Shaykh : Then he said: "And from Jabir (may Allah be pleased with him), who said:" "We used to sell our concubines, the mothers of our children, and the Prophet (peace and blessings be upon him) was alive, and he saw no harm in that" "It was narrated by al-Nasa'i, Ibn Majah, and al-Daraqutni, and Ibn Hibban graded it as authentic."
He said, from Jabir: "He said, 'We used to sell our concubines, the mothers of our children'". "Sarrari" is the plural of "sariyyah," which is a female slave whom her master has sexual relations with. This sariyyah may bear a child from him, or she may not. She may bear a child from him, as happened with Maryam al-Qibtiyyah (may Allah be pleased with her), whom the Prophet (peace and blessings be upon him) took as a concubine, and she bore him a child. Who was it?
The student: Ibrahim.

The Shaykh : Ibrahim. And she may not bear a child. But Jabir (may Allah be pleased with him) says: "the mothers of our children", so he explicitly stated that she is a mother of a child, and that they used to sell them while the Prophet (peace and blessings be upon him) was alive, and he saw no harm in that. This is an acknowledgment by the Messenger of Allah (peace and blessings be upon him), if he was aware of it, or from Allah, if the Messenger (peace and blessings be upon him) was not aware, because if Allah did not send down a prohibition regarding an act performed during the period of revelation, this indicates its permissibility.
Now, if someone asks how we reconcile this hadith, which contains the permissibility of selling mothers of children by the acknowledgment of the Prophet (peace and blessings be upon him) ... with the prohibition of 'Umar? We say that the reconciliation between them is clear, because there is no contradiction in reality. Selling them during the time of the Messenger (peace and blessings be upon him), if there was no separation, and the prohibition during the time of 'Umar, if there was separation. Therefore, as long as reconciliation is possible, it is obligatory to resort to it, and this does not contradict that as long as reconciliation is possible. So we say that what the Sunnah brought regarding the permissibility of selling mothers is understood to apply when there is no separation, if there is no separation. And if there is separation, as 'Umar (may Allah be pleased with him) held to be the truth, now, if she bears a child and he dies, is she sold or not?
The student: She is sold.

The Shaykh : Yes, she is sold, because there is no separation. Likewise, if she bears a child and the child is sold with her, is there separation?
The student: The child is not sold.

The Shaykh : Ah, well done. The child is not sold because the child is free. Because the mother of a child is the one who bore a child from her master. As for if it was from other than her master, she can be sold with him, but from the master, the child cannot be sold with his mother because he is free. The summary of this issue is that we say if selling the mother necessitates separation between her and her children, then the sale is forbidden and defective, because the Prophet (peace and blessings be upon him) . If it does not necessitate that, then there is no harm in it. So the second case applies to what was in the time of the Messenger (peace and blessings be upon him), and the first case applies to what was in the time of 'Umar.
Then he said, from Jabir (may Allah be pleased with him), who said: It was narrated by Muslim, and he added in a narration: .
The student: The benefits.

The Shaykh : And from Ibn 'Umar (may Allah be pleased with them both), who said: . It was narrated by al-Bukhari.