A discussion on the meaning of Jabir’s hadith regarding the mothers of children and Jabir’s hadith regarding the prohibition of selling surplus water.
Machine translationRead the Arabic original
The Shaykh : Who are the mothers of children?
The student: The mothers of children are the surriyyah...
The Shaykh : The surriyyah.
The student: The surriyyah, meaning, a child was born to her master from her.
The Shaykh : One from whom a child was born to her master.
The student: Yes.
The Shaykh : Now, when does she become a mother of a child? As soon as she becomes pregnant, or otherwise?
The student: Yes, as soon as she becomes pregnant.
The Shaykh : Then she is a mother of a child.
The student: A mother of a child.
The Shaykh : Yes.
The student: Meaning, if she becomes pregnant...
The Shaykh : And gives birth.
The student: And gives birth.
The Shaykh : If she gives birth after becoming pregnant, she is a mother of a child, right? Ibrahim, what is the ruling on selling a mother of a child?
The student: Selling mothers of children is forbidden; it is not permissible to sell them.
The Shaykh : It is not permissible? Because they were sold in the time of the Messenger of Allah (peace and blessings be upon him), and they saw no harm in that?
The student : Hehehe.
The Shaykh : Hehehe.
The student: ... If he separates her from her child...
The Shaykh : Yes, indeed.
The student: In the time of the Prophet and in the time of 'Umar ibn al-Khattab (may Allah be pleased with him), they did not separate her from her children.
The Shaykh : They prohibited that.
The student: ...
The Shaykh : So that there is no separation. Now, we have finished with this...
The student: ...
The Shaykh : Now, what is the meaning of his statement prohibiting the sale of surplus water? Shaker?
The student: Yes, the water that is in excess of his need, and it is not shared, and it is what comes from wadis or by digging a well.
The Shaykh : Yes, meaning, we dig the well, we dig the water.
The student: We dig the water.
The Shaykh : We dig the water of the well, or what comes from wadis like ponds. Now, his statementSunan Ibn Majah 2477Sahih (Darussalam) if he sells what he needs of the water.
The student: Me?
The Shaykh : You.
The student: No, Shaykh, he does not have the right to sell it.
The Shaykh : He does not have that right?
The student: He does not have it.
The Shaykh : The hadith saysSunan Abi Dawud 3478Sahih (Al-Albani).
The student: He does not have that right, because people are all partners in the water.
The Shaykh : Yes?
The student: This is from the category of prioritization, because the Prophet (peace and blessings be upon him) specified this... what exceeds their need.
The Shaykh : Yes, we mentioned... this?
The student: We mentioned it, yes.
The Shaykh : Now, his statement: What is the camel's breeding, Adam, yes?
The student: The camel's breeding is the insemination of the she-camel.
The Shaykh : Yes, that is correct.
The student: The Prophet (peace and blessings be upon him) prohibited...
The Shaykh : Its sale
The student: Its sale
The Shaykh : Now, what is the wisdom behind the sale?
The student: The wisdom is that the she-camel, the camel, if it does not harm him or...
The Shaykh : No, no, what is the wisdom of...
The student: Because it causes an increase in the wealth of the Muslims and causes strength for the ummah.
The Shaykh : Without harm to the owner of the camel.
The student: Without harm to the camel...
The Shaykh : So it has a great benefit without harm to the owner of the camel. This is one aspect. Another aspect?
The student: Because of what is in it of...
The Shaykh : What?
The student: Because of what is in it of manifestations of envy, the Prophet (peace and blessings be upon him) prohibited it.
The Shaykh : Yes... The predominant thing is... except envy and preventing good, yes?
The student: And perhaps the insemination does not occur.
The Shaykh : Yes, so it is unknown.
The student: Yes.
The Shaykh : The intended result may occur or it may not, so there is a type of sale with excessive uncertainty? Now, as for the third hadith from Ibn 'Umar, the beginning of today's lesson
The student: The remaining benefits
The Shaykh : Yes, now, which one contradicts the first? Jabir’s first hadith?
The student: No, the second
The Shaykh : Now, Jabir’s first hadith, we have finished with its benefits, and it is the sale of mothers of children
The student: Yes.
The student: The mothers of children are the surriyyah...
The Shaykh : The surriyyah.
The student: The surriyyah, meaning, a child was born to her master from her.
The Shaykh : One from whom a child was born to her master.
The student: Yes.
The Shaykh : Now, when does she become a mother of a child? As soon as she becomes pregnant, or otherwise?
The student: Yes, as soon as she becomes pregnant.
The Shaykh : Then she is a mother of a child.
The student: A mother of a child.
The Shaykh : Yes.
The student: Meaning, if she becomes pregnant...
The Shaykh : And gives birth.
The student: And gives birth.
The Shaykh : If she gives birth after becoming pregnant, she is a mother of a child, right? Ibrahim, what is the ruling on selling a mother of a child?
The student: Selling mothers of children is forbidden; it is not permissible to sell them.
The Shaykh : It is not permissible? Because they were sold in the time of the Messenger of Allah (peace and blessings be upon him), and they saw no harm in that?
The student : Hehehe.
The Shaykh : Hehehe.
The student: ... If he separates her from her child...
The Shaykh : Yes, indeed.
The student: In the time of the Prophet and in the time of 'Umar ibn al-Khattab (may Allah be pleased with him), they did not separate her from her children.
The Shaykh : They prohibited that.
The student: ...
The Shaykh : So that there is no separation. Now, we have finished with this...
The student: ...
The Shaykh : Now, what is the meaning of his statement prohibiting the sale of surplus water? Shaker?
The student: Yes, the water that is in excess of his need, and it is not shared, and it is what comes from wadis or by digging a well.
The Shaykh : Yes, meaning, we dig the well, we dig the water.
The student: We dig the water.
The Shaykh : We dig the water of the well, or what comes from wadis like ponds. Now, his statement
forbade selling surplus water
عن بيع فضل الماءThe student: Me?
The Shaykh : You.
The student: No, Shaykh, he does not have the right to sell it.
The Shaykh : He does not have that right?
The student: He does not have it.
The Shaykh : The hadith says
forbade the sale of excess water
نهى عن بيع فضل الماءThe student: He does not have that right, because people are all partners in the water.
The Shaykh : Yes?
The student: This is from the category of prioritization, because the Prophet (peace and blessings be upon him) specified this... what exceeds their need.
The Shaykh : Yes, we mentioned... this?
The student: We mentioned it, yes.
The Shaykh : Now, his statement:
Regarding the camel's breeding
عن ضراب الجملThe student: The camel's breeding is the insemination of the she-camel.
The Shaykh : Yes, that is correct.
The student: The Prophet (peace and blessings be upon him) prohibited...
The Shaykh : Its sale
The student: Its sale
The Shaykh : Now, what is the wisdom behind the sale?
The student: The wisdom is that the she-camel, the camel, if it does not harm him or...
The Shaykh : No, no, what is the wisdom of...
The student: Because it causes an increase in the wealth of the Muslims and causes strength for the ummah.
The Shaykh : Without harm to the owner of the camel.
The student: Without harm to the camel...
The Shaykh : So it has a great benefit without harm to the owner of the camel. This is one aspect. Another aspect?
The student: Because of what is in it of...
The Shaykh : What?
The student: Because of what is in it of manifestations of envy, the Prophet (peace and blessings be upon him) prohibited it.
The Shaykh : Yes... The predominant thing is... except envy and preventing good, yes?
The student: And perhaps the insemination does not occur.
The Shaykh : Yes, so it is unknown.
The student: Yes.
The Shaykh : The intended result may occur or it may not, so there is a type of sale with excessive uncertainty? Now, as for the third hadith from Ibn 'Umar, the beginning of today's lesson
The student: The remaining benefits
The Shaykh : Yes, now, which one contradicts the first? Jabir’s first hadith?
The student: No, the second
The Shaykh : Now, Jabir’s first hadith, we have finished with its benefits, and it is the sale of mothers of children
The student: Yes.