Explanation of the Book of Marriage-09
Machine translationRead the Arabic original
The Shaykh : Then the author said: “And from Aisha (may Allah be pleased with her), she said: Bulugh al-Maram 8:43 This is agreed upon”.
This Barira was a slave woman who was owned, then her people gave her a contract of manumission, meaning: they sold her to herself, meaning: she bought herself from her people for nine aqiya of silver. How many dirhams is an aqiyah? Forty dirhams. Nine times forty is three hundred and sixty dirhams. This was her value. She bought herself from her owners for three hundred and sixty dirhams. Then she came to Aisha (may Allah be pleased with her) seeking her help, asking for her assistance. So Aisha said: Barira went to her owners and said to them: “Aisha wants to pay you the price on the condition that Barira’s loyalty (wala’) belongs to Aisha.” But they refused. So Barira came to inform Aisha, and the Prophet (peace and blessings be upon him) was present. He said to her: Muwatta Malik 38:18 Meaning, even if they stipulate that the loyalty belongs to them, the loyalty belongs to you, because you are the one who set her free. So Aisha bought her and stipulated the loyalty for them. Then the Prophet (peace and blessings be upon him) gave a sermon and invalidated this condition. He invalidated it and said: Sunan Ibn Majah 2521Sahih (Darussalam) This is her story.
When she was set free, the Prophet (peace and blessings be upon him) gave her the choice to remain with her husband or to annul the marriage. This is the point of the hadith. She (may Allah be pleased with her) chose to annul her marriage. Her husband loved her intensely, and she disliked him intensely, so she annulled the marriage. Her husband followed her in the markets of Medina, weeping, wanting her to stay with him, but she did not have mercy on him because she did not love him. It is difficult for a person to remain with someone he does not love; it is a heavy burden on the soul. As al-Mutanabbi said:
“And among the hardships of the world for a free man is to see *** An enemy for whom there is no alternative to his friendship”
The important point: He sought intercession through the Prophet (peace and blessings be upon him). He asked the Prophet (peace and blessings be upon him) to intercede for him with this wife. So he interceded for him with the wife. She said: “O Messenger of Allah, if you are commanding me, then I will listen and obey. But if you are advising me, then I have no need for him.” He said: “No, I am only advising.” She said: “I have no need for him.” So she annulled the marriage. Barira remained with Aisha (may Allah be pleased with her) in the house, and she was like a servant to them. One day, the Prophet (peace and blessings be upon him) entered wanting food, and they served him food that did not contain meat. He said: What is a barmah? It is a clay pot, a vessel made of clay, called a clay vessel. They said: “O Messenger of Allah, this is meat that was given as charity to Barira.” The Prophet (peace and blessings be upon him) did not eat charity, neither obligatory nor voluntary. I mean, he did not eat zakah or voluntary charity. He said: Sahih al-Bukhari 5097 So they brought it to him and he ate from it. This is one of the blessings of this woman, that this great Sunnah was established for the Ummah: whoever takes possession of something and owns it, he has the right to give it to someone who is not permitted to own it. This is a useful rule: “Whoever owns something in a permissible manner has the right to give it to another” and there is no harm in this for him, because the prohibition comes from the means of acquisition. As for what is prohibited in itself, it is not permissible for anyone. If a person owned wine and wanted to give it to someone, we would say: this is forbidden. If a person stole someone’s money and wanted to give it to someone, we would say: this is forbidden, because it is prohibited in itself, unless the owner of the money consents. As for what is prohibited due to the means of acquisition, this follows the cause. If the cause is permissible, it is lawful; and if it is not permissible, it is forbidden. The point of this is: she was given the choice.
He said: “This is agreed upon in a long hadith. And Muslim narrated from her (may Allah be pleased with her) that her husband was a slave.
In another narration from her, he was a free man. The first is more authentic, and it is established from Ibn Abbas (may Allah be pleased with him) in al-Bukhari that he was a slave .”
These are different narrations—pay attention. First: that her husband was a slave; this is one narration. Another narration: he was a free man, that her husband was a free man. A supporting narration for the first one is that he was a slave, and this is the stronger opinion: that he was a slave.
Consequently, the scholars differed because of the difference in these narrations. The scholars differed on whether a slave woman who is set free while under a free man has the choice? There are two opinions among the scholars. As for if she is under a slave, the choice is clearly hers, because if she is set free and he is a slave, she becomes higher in status than him. How was she higher than him? Because she became a free woman and he was a slave. So when she became higher than him, we say: you now have the choice to remain with someone who is lower than you or to annul the marriage. But if she is set free while under a free man, and can a slave woman marry a free man? Yes, it is possible with the two conditions mentioned by Allah:[An-Nisa 4:25].
The student:.
The Shaykh :[An-Nisa 4:25] Until he said: [An-Nisa 4:25] Three conditions:
The first condition: that he cannot afford the mahr of a free woman.
The second condition: that the slave woman is a believer, not a People of the Book or other than the People of the Book; she is not permissible.
The third: that he fears harm (i’t).
So if a free man marries a slave woman with these conditions, and then her master sets her free, for example, does she have the choice? We say: there are two opinions among the scholars in this:
Some said: she does not have the choice, because the most that happened is that she rose to a status equal to her husband, so she does not have the choice. And this is the stronger opinion: that she does not have the choice.
And some said: rather, she has the choice. They cited as evidence some wordings of this hadith that Barira’s husband was?
The student: A free man.
The Shaykh : A free man. And they reasoned that the choice was established for her because she owned herself, and when she was married while a slave, who married her? Her master. Her master married her. But it is said in response to this reasoning: if her master married her with her choice and consent, then there is no harm to her; she was not forced.
They say: if he married her with her consent and choice, the most likely outcome is that she will not choose to annul it. We say: this is true, but the unlikely is possible. She may marry him willingly, and then afterwards want to separate from him because of his bad character or for one of the reasons.
In any case, the stronger opinion is that if a slave woman is set free while under her husband, if he is a free man, she does not have the choice; and if he is a slave, she has the choice. This is the correct view.
Barirah was given her choice regarding her husband (to remain with him or separate) when she was freed
خيرت بريرة على زوجها حين عتقتThis Barira was a slave woman who was owned, then her people gave her a contract of manumission, meaning: they sold her to herself, meaning: she bought herself from her people for nine aqiya of silver. How many dirhams is an aqiyah? Forty dirhams. Nine times forty is three hundred and sixty dirhams. This was her value. She bought herself from her owners for three hundred and sixty dirhams. Then she came to Aisha (may Allah be pleased with her) seeking her help, asking for her assistance. So Aisha said:
If your people wish, I will return these dirhams to them, pay them, and your loyalty will be mine. I will do it.
إن أحب أهلك أن أعد لهم هذه الدراهم ، أنقدها لهم ويكون ولاؤك لي فعلتTake her and stipulate that the wala' is yours, for the wala' is for the one who sets free
خذيها واشترطي لهم الولاء فإنما الولاء لمن أعتقWhat is the matter with some people who stipulated conditions that are not in the Book of Allah (SWT)? Every conditions that is not in the Book of Allah (SWT) is invalid, even if there are one hundred conditions. The Book of Allah(SWT) is more deserving of being followed and the conditions of Allah (SWT) are more binding. And the Wala belongs to the one who manumits (the slave).
ما بال أقوام يشترطون شروطًا ليست في كتاب الله، كل شرط ليس في كتاب الله فهو باطل وإن كان مائة شرط، قضاء الله أحق وشرطه أوثق، وإنما الولاء لمن أعتقWhen she was set free, the Prophet (peace and blessings be upon him) gave her the choice to remain with her husband or to annul the marriage. This is the point of the hadith. She (may Allah be pleased with her) chose to annul her marriage. Her husband loved her intensely, and she disliked him intensely, so she annulled the marriage. Her husband followed her in the markets of Medina, weeping, wanting her to stay with him, but she did not have mercy on him because she did not love him. It is difficult for a person to remain with someone he does not love; it is a heavy burden on the soul. As al-Mutanabbi said:
“And among the hardships of the world for a free man is to see *** An enemy for whom there is no alternative to his friendship”
The important point: He sought intercession through the Prophet (peace and blessings be upon him). He asked the Prophet (peace and blessings be upon him) to intercede for him with this wife. So he interceded for him with the wife. She said: “O Messenger of Allah, if you are commanding me, then I will listen and obey. But if you are advising me, then I have no need for him.” He said: “No, I am only advising.” She said: “I have no need for him.” So she annulled the marriage. Barira remained with Aisha (may Allah be pleased with her) in the house, and she was like a servant to them. One day, the Prophet (peace and blessings be upon him) entered wanting food, and they served him food that did not contain meat. He said:
Did I not see the pot on the fire?
ألم أر البرمة على النار؟It is an object of charity for Barira, and it is a present for us.
هو عليها صدقة ولنا هديةHe said: “This is agreed upon in a long hadith. And Muslim narrated from her (may Allah be pleased with her) that her husband was a slave.
In another narration from her, he was a free man. The first is more authentic, and it is established from Ibn Abbas (may Allah be pleased with him) in al-Bukhari that he was a slave .”
These are different narrations—pay attention. First: that her husband was a slave; this is one narration. Another narration: he was a free man, that her husband was a free man. A supporting narration for the first one is that he was a slave, and this is the stronger opinion: that he was a slave.
Consequently, the scholars differed because of the difference in these narrations. The scholars differed on whether a slave woman who is set free while under a free man has the choice? There are two opinions among the scholars. As for if she is under a slave, the choice is clearly hers, because if she is set free and he is a slave, she becomes higher in status than him. How was she higher than him? Because she became a free woman and he was a slave. So when she became higher than him, we say: you now have the choice to remain with someone who is lower than you or to annul the marriage. But if she is set free while under a free man, and can a slave woman marry a free man? Yes, it is possible with the two conditions mentioned by Allah:
And whoever among you cannot [find] the means to marry free
ومن لم يستطع منكم طولًا أن ينكح المحصناتThe student:
believing women
المؤمناتThe Shaykh :
from those whom your right hands possess of believing slave girls
فمن ما ملكت أيمانكم من فتياتكم المؤمناتThis [allowance] is for him among you who fears sin
ذلك لمن خشي العنت منكمThe first condition: that he cannot afford the mahr of a free woman.
The second condition: that the slave woman is a believer, not a People of the Book or other than the People of the Book; she is not permissible.
The third: that he fears harm (i’t).
So if a free man marries a slave woman with these conditions, and then her master sets her free, for example, does she have the choice? We say: there are two opinions among the scholars in this:
Some said: she does not have the choice, because the most that happened is that she rose to a status equal to her husband, so she does not have the choice. And this is the stronger opinion: that she does not have the choice.
And some said: rather, she has the choice. They cited as evidence some wordings of this hadith that Barira’s husband was?
The student: A free man.
The Shaykh : A free man. And they reasoned that the choice was established for her because she owned herself, and when she was married while a slave, who married her? Her master. Her master married her. But it is said in response to this reasoning: if her master married her with her choice and consent, then there is no harm to her; she was not forced.
They say: if he married her with her consent and choice, the most likely outcome is that she will not choose to annul it. We say: this is true, but the unlikely is possible. She may marry him willingly, and then afterwards want to separate from him because of his bad character or for one of the reasons.
In any case, the stronger opinion is that if a slave woman is set free while under her husband, if he is a free man, she does not have the choice; and if he is a slave, she has the choice. This is the correct view.