Emancipating a Slave who is jointly owned, buying a relative, and emancipating during an illness - Section 1

English translation

Ibn ‘Umar reported God’s Messenger as saying, “If anyone emancipates his share in a slave and has enough money to pay the full price for him, a fair price for the slave should be fixed, his partners given their shares, and the slave be thus emancipated; otherwise he is emancipated only to the extent of the first man’s share.” (Bukhari and Muslim.)

English translation

Abu Huraira reported the Prophet (ﷺ) as saying, “If anyone emancipates a share in a slave, he is to be completely emancipated if he has money; but if he has none, the slave will be required to work to pay for his freedom, but must not be overburdened.” (Bukhari and Muslim.)

English translation

Imran b. Husain said that a man who had no other property emancipated six slaves of his at the time of his death. God’s Messenger called for them, and after dividing them into three sections, casting lots among them, setting two free and keeping four in slavery,* he spoke severely of him. Nasa’i transmitted it on ‘Imran’s authority, but in place of “he spoke severely of him,” he mentioned that the Prophet (ﷺ) said, “I was inclined not to pray over him.” In Abu Dawud’s version he said, “Had I been present before his burial, he would not have been buried in a Muslim cemetery.” Muslim transmitted it. *The principle is that at least two-thirds of a dead man's property must go to the heirs.

English translation

Abu Huraira reported God's Messenger as saying, “A son does not repay what he owes his father unless he buys him and emancipates him if he finds him in slavery.” Muslim transmitted it.

English translation

Jabir said that a man of the Ansar declared that a slave would be free after his death, but he had no other property, so when the Prophet (ﷺ) heard of that he said, “Who will buy him from me ?” and Nu'aim b. an-Nahham bought him for eight hundred dirhams. A version by Muslim says Nu'aim b. ‘Abdallah al-‘Adawi bought him for eight hundred dirhams which he brought to the Prophet (ﷺ) who, when he had handed them over to the man, said, “Spend first on yourself giving yourself <i>sadaqa</i>:

if anything is left over give it to your family; if anything is left over when they have received something, give it to your relatives; and if anything is left over when they have received something, do thus and thus,” meaning that it should be distributed in front of him, on his right and on his left. (Bukhari and Muslim.)

English translation

Al-Hasan, on Samura’s authority, reported God's Messenger as saying, “If anyone gets possession of a relative who is within the prohibited degrees, that person becomes free.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it.

English translation

Ibn ‘Abbas reported the Prophet (ﷺ) as saying, “When a man’s slave-woman bears him a child she becomes free at his death.”* Darimi transmitted it. * The text has <i>'au durbur in minhu au ba'dahu’</i> indicating a doubt on the part of a transmitter as to which words were used. Both expressions amount to the same thing so it seems sufficient to give "at his death" in the translation above.

English translation

Jabir said:

In the time of God’s Messenger and of Abu Bakr we sold slave women who had borne children, but when ‘Umar was in power he forbade us to do so and we stopped. Abu Dawud transmitted it.

English translation

Ibn ‘Umar reported God’s Messenger as saying, “If anyone emancipates a slave who owns property he gets the slave’s property, unless the master stipulates otherwise.” Abu Dawud and Ibn Majah transmitted it.

English translation

Abul Malih told on his father's authority that when a man emancipated a share in a slave, and the matter was mentioned to the Prophet (ﷺ) he said, “God has no partner,” and decided chat he should be emancipated. Abu Dawud transmitted it.

English translation

Safina said:

I was a slave of Umm Salama, and she said, “I shall emancipate you, but I stipulate that you must serve God’s Messenger as long as you live” I replied, “Even if you do not make a stipulation with me I shall not leave God’s Messenger as long as I live”. She then emancipated me and made the stipulation with me. Abu Dawud and Ibn Majah transmitted it.

English translation

‘Amr b. Shu'aib, on his father's authority, told that this grandfather reported the Prophet (ﷺ) as saying, “A slave who has entered into an agreement to purchase his freedom is a slave as long as a dirham of the agreed price remains to be paid." Abu Dawud transmitted it.

English translation

Umm Salama reported God's Messenger as spying, “When a slave of one of you women has made an agreement to purchase his freedom and can pay the full price, she must veil herself from him.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it.

English translation

‘Amr b. Shu'aib, on his father’s authority, told that his grandfather reported God's Messenger as saying, “If anyone has agreed to let his slave buy his freedom for a hundred <i>uqiyas</i> and he pays them all but ten (or he said, ten dinars), and he is then unable to complete the amount, he remains a slave.” Tirmidhi, Abu Dawud and Ibn Majah transmitted it.

English translation

Ibn ‘Abbas reported the Prophet (ﷺ) as saying, “When a slave who has made an agreement to purchase his freedom gets blood-money or an inheritance, he can inherit in accordance with the extent to which he has been emancipated.” In a version by Tirmidhi he said, “Blood wit is paid for a slave who has made an agreement to purchase his freedom at the rate paid for a freeman so far as he has paid the purchase money, and at the rate paid for a slave so far as the remainder is concerned,” but he declared it to be weak. Abu Dawud and Tirmidhi transmitted it.

English translation

‘Abd ar-Rahman b. Abu ‘Amra al-Ansari told that his mother had intended to emancipate a slave, but she postponed it till the morning, and she died. ‘Abd ar-Rahman said he asked al-Qasim b. Muhammad whether it would benefit her if he emancipated the slave on her behalf, and al-Qasim told him that Sa'd b. ‘Ubada had gone to God’s Messenger saying his mother had died and asking whether it would benefit her if he set free a slave on her behalf, and that God’s Messenger had replied that it would. Malik transmitted it.

English translation

Yahya b. Sa'id told that ‘Abd ar-Rahman b. Abu Bakr died in his sleep and that his sister ‘A’isha emancipated many slaves on his behalf. Malik transmitted it.

English translation

‘Abdallah b. ‘Umar reported God's Messenger as saying, “If anyone buys a slave and makes no stipulation about his property, he gets none of it.” Darimi transmitted it.