Makaatib

Al-Layth transmitted from Yunus, from Ibn Shihab, from Urwa, that Aisha said: “Barira came to me seeking help with her emancipation contract. She owed five awaq, payable over five years. I was interested in her and said, ‘What if I pay them the full amount at once? Would your owners sell you to me so that I can free you and your wala’ would be mine?’ Barira went to her owners and presented this to them. They said, ‘No, unless the wala’ belongs to us.’ I went to the Messenger of Allah and told him. He said, ‘Buy her and free her, for the wala’ belongs to the one who frees her.’ Then the Messenger of Allah stood and said, ‘Why do some men stipulate conditions that are not in Allah’s Book? Whoever stipulates a condition that is not in Allah’s Book, it is invalid. Allah’s condition is more rightful and binding.’”

Aisha reported that Barira came seeking help with her emancipation contract, none of which she had yet paid. Aisha said, “Go back to your owners. If they wish, I will pay your contract for you and your wala’ will be mine.” Barira told her owners, but they refused, saying, “She may pay it on your behalf if she wishes, but the wala’ will belong to us.” Barira told the Messenger of Allah, who said, “Buy her and free her, for the wala’ belongs only to the one who frees her.” Then he stood and said, “Why do people stipulate conditions that are not in Allah’s Book? Whoever stipulates a condition that is not in Allah’s Book has no right to it, even if he stipulates it a hundred times. Allah’s condition is more rightful and binding.”

Ibn Umar reported that Aisha, the Mother of the Believers, wanted to buy an enslaved woman in order to free her. Her owners stipulated that her wala’ would belong to them. The Messenger of Allah said, “That should not stop you, for the wala’ belongs only to the one who frees her.”

Aisha said: Barira came to me and said, “I have made an emancipation contract with my owners for nine awaq, one uqiyya each year. Please help me.” Aisha said, “If your owners agree, I can pay them the full amount at once and free you, and your wala’ will be mine.” Barira went to her owners, but they refused unless the wala’ belonged to them. The Messenger of Allah heard about this, asked me, and I told him. He said, “Take her and free her, and let them stipulate that the wala’ belongs to them; the wala’ belongs only to the one who frees her.” Then the Messenger of Allah stood among the people, praised Allah, and said, “Why do some of you stipulate conditions that are not in Allah’s Book? Any condition not in Allah’s Book is invalid, even if there are a hundred conditions. Allah’s judgment is more rightful, and Allah’s condition is more binding. Why does one of you say, ‘Free so-and-so, and the wala’ will be mine’? The wala’ belongs only to the one who frees the person.”

Amra reported that Barira came seeking help from Aisha, the Mother of the Believers. Aisha said, “If your owners wish, I can pay your price all at once and free you.” Barira told her owners, but they said, “No, unless your wala’ belongs to us.” Malik said that Yahya reported Amra as saying that Aisha told the Messenger of Allah, who replied, “Buy her and free her, for the wala’ belongs only to the one who frees her.”

Ayman said: I went to Aisha and told her that I had been a servant of Utba ibn Abi Lahab. When Utba died, his sons inherited me and sold me to Ibn Abi Amr, who freed me on the condition that the sons of Utba keep the wala’. She said, “Barira came to me while she was under an emancipation contract and said, ‘Buy me and free me.’ I said, ‘Yes.’ She said, ‘They will not sell me unless they stipulate that my wala’ belongs to them.’ I said, ‘I have no need for that.’” The Prophet heard of this and asked Aisha about it. She told him what she had said. He replied, “Buy her and free her, and let them stipulate whatever they wish.” Aisha bought and freed her, and her owners stipulated that the wala’ belonged to them. The Prophet said, “The wala’ belongs to the one who frees the person, even if they stipulate a hundred conditions.”