(Whoever sells a slave who has wealth) Does it not imply that the wealth belongs to the slave, and thus he is among those who have the ability to perform Hajj?
Machine translationRead the Arabic original
The questioner : The saying of the Prophet (peace and blessings be upon him) Musannaf Abd al-Razzaq 18:546 He said: It is his...
The Shaykh : What contradicts "he has wealth," so whose wealth is it?
The questioner : It belongs to the one who sold him, but he said "he has wealth."
The Shaykh : Yes, fine. I will say: this camel has a saddle, this camel has a stable, this camel has a bridle. So when I wanted to sell the bridle, the camel started foaming and saying, "This is my bridle, my bridle. Will you obey me or not?" The wealth in the phrase is for specification, like saying "the saddle for the beast," meaning because the master might take something from his wealth and give it to the slave, saying, "Trade with it." Is that clear? Because "his wealth" in the phrase "he has wealth" negates ownership in the phrase "he has wealth" and indicates that it is for specification. Yes.
The questioner : The jurists say that the ruling revolves with its cause. Here, does the cause not revolve with the ruling?
The Shaykh : Which is the slave?
The questioner : ... .
The Shaykh : The slave. By Allah, there is no doubt that this is a strong reasoning, but the majority of jurists argue with the hadith of Ibn Abbas that you referred to, that whoever performs Hajj and then is freed, he must perform Hajj again. But many hadith scholars said that this is mawquf (stopping at Ibn Abbas) and not marfu' (traced to the Prophet). Yes.
Whoever sells a slave who has wealth
من باع عبداً له مالThe Shaykh : What contradicts "he has wealth," so whose wealth is it?
The questioner : It belongs to the one who sold him, but he said "he has wealth."
The Shaykh : Yes, fine. I will say: this camel has a saddle, this camel has a stable, this camel has a bridle. So when I wanted to sell the bridle, the camel started foaming and saying, "This is my bridle, my bridle. Will you obey me or not?" The wealth in the phrase
who has wealth
له مالThe questioner : The jurists say that the ruling revolves with its cause. Here, does the cause not revolve with the ruling?
The Shaykh : Which is the slave?
The questioner : ... .
The Shaykh : The slave. By Allah, there is no doubt that this is a strong reasoning, but the majority of jurists argue with the hadith of Ibn Abbas that you referred to, that whoever performs Hajj and then is freed, he must perform Hajj again. But many hadith scholars said that this is mawquf (stopping at Ibn Abbas) and not marfu' (traced to the Prophet). Yes.