The Book of Manumission of Slaves - Sunan Abi Dawud 3929

This narration from Sunan Abi Dawud concerns the case of Barirah, a slave woman whose freedom was sought by 'A'ishah, the Mother of the Believers. 'A'ishah offered to pay for Barirah's manumission with the condition that she would inherit from her, as was the custom in the pre-Islamic period of ignorance (Jahiliyyah).

Legal Analysis of the Condition

Barirah's people refused this condition, insisting that if 'A'ishah sought reward from Allah alone, she could free Barirah, but the right of inheritance would remain with them. The matter was referred to the Prophet Muhammad (ﷺ) who ruled that the right of inheritance belongs solely to the one who frees the slave.

This ruling abrogated the pre-Islamic practice and established that wala' (the right of inheritance from a freed slave) follows the act of manumission itself, not any contractual condition.

The Prophetic Declaration

The Prophet (ﷺ) then delivered a profound legal principle: "If anyone makes a condition which is not in Allah's Book, he has no right to it, even if he stipulates it hundred times. Allah's condition is more valid and binding." This establishes that any condition contrary to Islamic law is null and void, regardless of how frequently or explicitly it is stipulated.

Scholarly Commentary

Classical scholars explain that this hadith establishes several important principles: First, that wala' is an inherent right of the liberator. Second, that conditions contrary to Shari'ah are invalid. Third, that Islamic law takes precedence over all customs and agreements. The ruling emphasizes that acts of worship must be purely for Allah's pleasure, not mixed with worldly conditions that contradict divine law.