Sunnah
"The teachings of Prophet Muhammad (peace be upon him) are easily accessible to you"
Hadiths
Hadith no. 11334
Allah's Messenger ﷺ as saying: If anyone emancipates his share ina 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.
Hadith no. 11335
This hadith has been reported on the authority of Ibn 'Umar through another chain of transmitters.
Hadith no. 11336
Allah's Messenger ( صلی اللہ علیہ وسلم ) as saying: The slave who is jointly owned by two persons, and is emancipated by one of them, (this one) has liability (upon him to secure complete freedom for that slave).
Hadith no. 11337
Allah's Prophet ( صلی اللہ علیہ وسلم ) 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 over-burhened.
Hadith no. 11338
If he (one of the joint owners emancipating the slave) has not (enough) money (to secure freedom for the other half) a fair price for the slave should be fixed, and he will be required to work to pay for his freedom, but must not be over-burdened.
Hadith no. 11339
"A fair price should be worked out for him."
Hadith no. 11340
'A'isha رضی اللہ عنہا decided to buy a slave-girl and then set her free, but her masters said: We are prepared to sell her to you on the condition that her right of inheritance would vest with you. She (Hadrat A'isha رضی اللہ عنہا) made a mention of that to Allah's Messenger ( صلی اللہ علیہ وسلم ) whereupon he said: This should not stand in your way. The right of inheritance vests in one who emancipates.
Hadith no. 11341
Barira came to her in order to seek her help in securing freedom, but she had (so far) paid nothing out of that sum stipulated in the contract. 'A'isha رضی اللہ عنہا said to her. Go to your family (who owns you), and if they like that I should pay the amount (of the contract) on your behalf (for purchasing your freedom), then I shall have the right in your inheritance. (If they accepted it) I am prepared (to make this payment). Barira made a mention of that to the (members of) her family, but they refused and said: If she (Hadrat 'A'isha رضی اللہ عنہا ) wants to do good to You for the sake of Allah, she may do it, but the right of inheritance will be ours. She (Hadrat 'A'isha رضی اللہ عنہا ) made a mention of that to Allah's Messenger ( صلی اللہ علیہ وسلم ), and he said to her: Buy her, and emancipate her, for the right of inheritance vests with one who emancipates (the slave). Allah's Messenger, (ﷺ) then stood up and said: What has happened to the people that they lay down conditions which are not (found) in the Book of Allah? And he who laid down a condition not found in the Book of Allah, that is not valid. even if it is laid down hundred times. The condition laid down by Allah is the most weighty and the most valid.
Hadith no. 11342
Barira came to me and said: 'A'isha رضی اللہ عنہا , I have entered into contract for securing freedom with my family (who owns me) for nine 'uqiyas (of silver), one 'uqiya every year The rest of the hadith is the same (but with this addition): This (the problem of the right of inheritance) should not stand in your way. Buy her, and set her free. He said in a hadith: Allah's Messenger ( صلی اللہ علیہ وسلم ) stood up among men, extolled Allah, praised Him, and then said: for......
Hadith no. 11343
Barira came to me and said: My family (owners) have made contract with me (for granting freedom) for nine 'uqiyas (of silver) payable in nine years, one 'uqiya every year. Help me (in making this payment). I said to her: If your family so desires, I am prepared to make them the full payment in one instalment, and thus secure freedom for you, but the right of inheritance will vest in me, if I do so. She (Barira) made a mention of that to her family, but they refused (except) on the condition that the right of inheritance would vest in them. She came to me and made mention of if She ('A'isha) said: I scolded her. She (Barira) said: By Allah, it is not possible (they will never agree to it). And as she was saying it, Allah's messenger ( صلی اللہ علیہ وسلم ) heard, and he asked me, I informed him and he said: Buy her and emancipate her, and let the right of inherit- ance vest in them, for they cannot claim it (rightfully) since the right of inherritance vests with one who emancipates (the slave; therefore, these people have no right to lay such false claims). And I did so. She ('A'isha) said: Then Allah's Messenger ( صلی اللہ علیہ وسلم ) delivered a sermon in the evening. He extolled Allah and praised Him with what He deserves, and then said afterwards,: What has happened to the people that they lay down conditions which are not found in the Book of Allah? And the condition which is not found in the Book of Allah is invalid, even if its number is one hundred. The Book of Allah is more true (than any other deed) and the condition laid down by Allah is more binding (than any other condition). What has happened to the people among you that someone among you says: Emancipate so and so, but the right of inheritance vests in me ? Verily, the right of inheritance vests in one who emancipates.
Hadith no. 11344
Her (Barira's) husband was a slave, so Allah's Messenger ( صلی اللہ علیہ وسلم ) gave her the option (either to retain her matrimonial relation with her husband or sever it off). She opted to break off (and secure freedom for her even from the matrimonial alliance). And if he were free he would not have given her the option. In the hadith narrated on the authority (of this chain of transmitters) these words are not found: Amma ba'du.
Hadith no. 11345
'A'isha (رضی اللہ عنہا ) said: There were three issues which were clarified in case of Barira رضی اللہ عنہا : her owners had decided to sell her on the condition that the right of her inheritance would vest with them. She ('A'isha رضی اللہ عنہا ) said: I made a mention of that to Allah's Apostle ( صلی اللہ علیہ وسلم ) and he said: Buy her and emancipate her, for verily the right of inheritance vests with one who emancipates. She said that she emancipated (her) and Allah's Messenger ( صلی اللہ علیہ وسلم ) gave her the option (either to retain her matrimonial alliance or break it after emancipation). She (taking advantage of the option) opted for herself (the severing of matrimonial alliance). 'A'isha رضی اللہ عنہا said: The people used to give her charity and she gave us that as gift. I made a mention of it to Allah's Apostle ( صلی اللہ علیہ وسلم ), whereupon he said: That is charity for her but gift for you, so take that.
Hadith no. 11346
The had bought Barira رضی اللہ عنہا from the people of Ansar, but they laid down the condition that the right of inheritance (would vest in them), whereupon Allah's Messenger ( صلی اللہ علیہ وسلم ) said: The right of inheritance vests with one who shows favour (who emancipates) and Allah's Messenger (ﷺ) gave her the choice (either to retain) her matrimonial alliance or break it). Her husband was a slave. She (Barira also) gave 'A'isha رضی اللہ عنہا some meat as gift. Allah's Messenger ( صلی اللہ علیہ وسلم ) said: I wish you could prepare (cook) for us out of this meat. 'A'isha رضی اللہ عنہا said, It has been given as charity to Barira, whereupon he said: That is charity for her and gift for us.
Hadith no. 11347
She wanted to buy Barira رضی اللہ عنہا with a view to emancipating her. They (the sellers) laid down the condition that the right of inheritance would vest (with them). She (Hadrat 'A'isha رضی اللہ عنہا) made a mention of that to Allah's Messenger ( صلی اللہ علیہ وسلم ), whereupon he said: Buy her and emancipate her for the right of inheritance vests with one who emancipates. Allah's Messenger ( صلی اللہ علیہ وسلم ) was given meat as gift. They (his Companions) said to Allah's Apostle ( صلی اللہ علیہ وسلم ): This was given as charity to Barira رضی اللہ عنہا , whereupon he said: That is charity for her but gift for us. And she was given option (to retain her matrimonial alliance or to break it). Abd al-Rahman said: Her husband was a free man. Shu'ba said: I then asked him (one of the narrators) about Barira's husband (whether he had been a free mart or a slave), whereupon he said: I do not know.
Hadith no. 11348
This hadith has been narrated on the authority of Shu'ba with the same chain of transmitters.
Hadith no. 11349
The husband of Barira رضی اللہ عنہا was a slave.
Hadith no. 11350
Three are the Sunan (usages) (that we came to know in case of Bairara رضی اللہ عنہا). She was given option in regard to her husband when she was emancipated. She was given meat as charity. Allah's Messenger (ﷺ) visited me when an earthen pot with meat in it was placed on the fire. He asked for food and be was given bread with ordinary meat (usually cooked in the) house. Thereupon he (Allah's Messenger) said: Don't I see the earthen pot on fire with meat in it? They said: Yes. Allah's Messenger ﷺ, there is meat in it which was given as charity to Barira رضی اللہ عنہا. We did not deem it advisable that we should give you that to eat, whereupon he said: It is charity for her, but it is gift for us. Allah's Apostle ( صلی اللہ علیہ وسلم ) also said: The right of inheritance vests with one who emancipates.
Hadith no. 11351
'A'isha ( رضی اللہ عنہا) thought of buying a slave-girl and emancipating her, but her owners refused to (sell her but on the condition) that the right of inheritance would vest in them. She made a mention of that to Allah's Messenger ( صلی اللہ علیہ وسلم ). whereupon he said: Let this (condition) not stand in your way for the right of inheritance vests with one who emancipates.
Hadith no. 11352
Allah's Messenger (ﷺ) forbade the selling and making a gift of the right of inheritance of a slave. Imam Muslim said: All the persons depend upon Abdullah bin Dinar in regard to this hadith.
Hadith no. 11353
A similar report (as no. 3788) was narrated from 'Abdullah bin Dinar, from Ibn Umar رضی اللہ عنہ , from the prophet ﷺ, except that in the Hadith of Ath-Thaqafi from 'Ubaidullah, it mentions selling only and does not mention giving away.
Hadith no. 11354
Allah's Apostle ( صلی اللہ علیہ وسلم ) made it obligatory for every tribe (the payment) of blood-wit; he then also made it explicit that it is not permissible for a Muslim to make himself the ally (of the slave emancipated by another) Muslim without his permission. He (the narrator further added): I was informed that he (the Holy Prophet ﷺ) cursed the one who did that (and it was recorded) in his Sahifa (in a document).
Hadith no. 11355
Allah's Messenger ( صلی اللہ علیہ وسلم ) said: He who takes anyone as his ally without the consent of his previous master, there will be the curse of Allah and that of His angels upon him, and neither, any obligatory act of his nor the supererogatory one will be accepted (by Allah).
Hadith no. 11356
Allah's Apostle ( صلی اللہ علیہ وسلم ) as saying: He who took the freed slave as his ally without the consent of his previous master, there is upon him the curse of Allah and that of His angels and that of the whole mankind, and there will not be accepted from him his obligatory acts or super crogatory acts on the Day of Resurrection.
Hadith no. 11357
"Whoever takes people other than those who set him free as Mawla without their permission..."
Hadith no. 11358
'Ali bin Abu Talib ( رضی اللہ عنہ) addressed us and said: He who thinks that we (the members of the Prophet's family) read anything else besides the Book of Allah and this Sahifa (and he said that Sahifa was tied to the scabbard of the sword) tells a lie. (This Sahifa) contains (problems) pertaining to the ages of the camels and (the recompense) of the injuries, and it also records the words of the Prophet ( صلی اللہ علیہ وسلم ): Medina is a sacred territory from 'Ayr to Thaur (it is most probably Uhud). He who innovates (an act or practice) or gives protection to an innovator, there is a curse of Allah and that of His angels and that of the whole humanity upon him. Allah will not accdpt from him (as a recompense) any obligatory act or supererogatory act, and the responsibility of the Muslims is a joint responsibility; even the lowest in rank can undertake the responsibility (on behalf of others), and he who claims anyone else as his father besides his own father or makes one his ally other than the one (who freed him), there is a curse of Allah. that of His angels and that of the whole mankind upon him. Allah will not accept the obligatory act of the supererogatery act (as a recompense) from him.