Sunan an-Nasa'i

Sunan an-Nasa'i 3454

Giving The Choice To A Slave Woman Who Has Been Set Free And Whose Husband Is Still A Slave
Arabic hadith text
أَخْبَرَنَا مُحَمَّدُ بْنُ إِسْمَاعِيلَ بْنِ إِبْرَاهِيمَ، قَالَ حَدَّثَنَا يَحْيَى بْنُ أَبِي بُكَيْرٍ الْكَرْمَانِيُّ، قَالَ حَدَّثَنَا شُعْبَةُ، عَنْ عَبْدِ الرَّحْمَنِ بْنِ الْقَاسِمِ، عَنْ أَبِيهِ، عَنْ عَائِشَةَ، - قَالَ وَكَانَ وَصِيَّ أَبِيهِ قَالَ وَفَرِقْتُ أَنْ أَقُولَ، سَمِعْتُهُ مِنْ، أَبِيكَ - قَالَتْ عَائِشَةُ سَأَلْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم عَنْ بَرِيرَةَ وَأَرَدْتُ أَنْ أَشْتَرِيَهَا وَاشْتُرِطَ الْوَلاَءُ لأَهْلِهَا فَقَالَ ‏"‏ اشْتَرِيهَا فَإِنَّ الْوَلاَءَ لِمَنْ أَعْتَقَ ‏"‏ ‏.‏ قَالَ وَخُيِّرَتْ وَكَانَ زَوْجُهَا عَبْدًا ثُمَّ قَالَ بَعْدَ ذَلِكَ مَا أَدْرِي وَأُتِيَ رَسُولُ اللَّهِ صلى الله عليه وسلم بِلَحْمٍ ‏.‏ فَقَالُوا هَذَا مِمَّا تُصُدِّقَ بِهِ عَلَى بَرِيرَةَ ‏.‏ قَالَ ‏"‏ هُوَ لَهَا صَدَقَةٌ وَلَنَا هَدِيَّةٌ ‏"
Translation
Yahya bin Abi Bukair Al-Karmani said

"Shu'bah narrated to us, from 'Abdur-Rahman bin Al-Qasim, from his father, from 'Aishah. He (Shu'bah) said: "And he ('Abdur-Rahman) was the executor for his father." He (Shu'bah) said: "I was afraid to say to him: 'Did you hear this from your father.'" -- 'Aishah said: "I asked the Messenger of Allah about Barirah, as I wanted to buy her but it was stipulated that the Wala' would go to her (former) masters. He said: 'Buy her, for the Wala' is to the one who sets the slave free.' And she was given the choice, as her husband was a slave." Then he said, after that: "I do not know." --"And some meat was brought to the Messenger of Allah and they said: 'This is some of that which was given in charity to Barirah.' He said: 'It is charity for her and a gift for us.'"

Commentary

Overview & Central Theme

This hadith, transmitted by Shu'bah from 'Abdur-Rahman bin Al-Qasim from his father from 'Aishah (may Allah be pleased with her), encapsulates a triad of profound rulings and principles: the absolute authority of the one who manumits a slave over the Wala' (patronage/clientage), the right of a slave woman to choose between remaining with her slave husband or separating upon her own emancipation, and the exquisite etiquette of the Prophet ﷺ in distinguishing between charity (Sadaqah) and gift (Hadiyyah) based on ownership and intent. The central theme is the perfection of Islamic law in balancing justice, mercy, and clarity—whether in financial transactions, marital bonds, or social interactions—while establishing that the Prophet's ﷺ judgments are rooted in divine wisdom, not personal desire.

Context & Linguistic Insights

The incident of Barirah (may Allah be pleased with her) occurred when she sought 'Aishah's help to purchase her freedom from her masters, who insisted on retaining the Wala' (the right of inheritance and loyalty) as a condition. The Prophet ﷺ nullified this stipulation, declaring, "The Wala' belongs to the one who sets the slave free." Linguistically, "Wala'" (الولاء) derives from the root w-l-y, signifying closeness, guardianship, and legal responsibility—a bond of patronage that cannot be transferred or sold. The term "Barirah" (بريرة) means "the pious" or "the righteous," reflecting her noble character. The narrator Shu'bah's hesitation—"I was afraid to say to him: 'Did you hear this from your father?'"—highlights the meticulous rigor of hadith transmission, as he refrained from pressing his teacher on the chain's continuity, a testament to the scholarly integrity of the early narrators. The phrase "I do not know" from 'Abdur-Rahman indicates scholarly caution in distinguishing between what was firmly established and what was uncertain, a hallmark of the Salaf's precision.

Key Scholarly Insights & Legal Benefits

  • Wala' is an inalienable right: The Prophet ﷺ decisively ruled that any condition stipulating Wala' to someone other than the manumitter is void, establishing a foundational principle in Islamic jurisprudence that prevents exploitation and ensures loyalty is tied to the act of freeing.
  • The choice (Khiyar) for a freed slave woman: When Barirah was emancipated, the Prophet ﷺ gave her the option to remain with her slave husband or separate, affirming that a change in legal status grants her autonomy over her marital bond—a ruling that respects her new dignity and agency.
  • Charity vs. Gift distinction: The Prophet ﷺ clarified that meat given as charity to Barirah was permissible for him as a gift, because ownership had transferred to her, and the prohibition on taking charity for the Prophet's household did not extend to what was lawfully owned by others—demonstrating the precision of Islamic legal categories.
Imam Ibn Hajar al-Asqalani (may Allah have mercy on him) stated in Fath al-Bari: "This hadith contains the principle that Wala' is a right of the one who bestows the favor of freedom, and that it cannot be invalidated by stipulation, for the Prophet ﷺ voided the condition of Barirah's masters and affirmed the Wala' for the one who actually freed her, establishing a legal maxim that protects the integrity of manumission."

Daily Life & Spiritual Application

In our contemporary lives, this hadith teaches us to uphold justice in all contracts and relationships, refusing to accept terms that violate divine law or human dignity. When we encounter situations involving power dynamics—whether in business, marriage, or community—we must ensure that rights are not bartered away under pressure, just as Barirah's Wala' was protected. The Prophet's ﷺ sensitivity to the source and nature of provisions reminds us to be mindful of the ethical dimensions of what we consume and share, distinguishing between what is permissible for us and what is not. Furthermore, the narrator's caution in transmission inspires us to be precise and honest in our speech, especially when conveying religious knowledge. Ultimately, this hadith calls us to embody Ihsan—excellence in intention and action—by aligning our choices with Allah's commands, trusting that His law brings true liberation, both in this world and the Hereafter.