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English translation
2521. It was narrated from Hishâm bin 'Urwah, from his father, about 'Aishah, the wife of the Prophet ﷺ — that Barirah came to her when she was Mukâtabah, and her masters had written a contract of manumission for nine Uqiyyah. She ('Aishah) said: "If your masters wish I will pay them that in one sum, and the right of inheritance will belong to me."
He said: "So she went to her masters and told them about that, but they insisted that the right of inheritance should belong to
them. 'Aishah mentioned that to the Prophet ﷺ and he said: 'Do it.' Then the Prophet ﷺ stood up and addressed the people. He praised and glorified Allāh, then he said: 'What is the matter with some people who stipulated conditions that are not in the Book of Allāh? Every condition that is not in the Book of Allāh is invalid, even if there are one hundred conditions. The Book of Allāh is more deserving of being followed and the conditions of Allāh are more binding. And the Walā' belongs to the one who manumits (the slave).'" (Sahih)
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Commentary
The Noble Prophet ﷺ asked 'Aishah to accept their illegal and undue conditions, so that they may not back out of their promise of manumission.
Even if the parties agree upon illegal terms the deal remains unlawful.
Here the Book of Allāh means the orders revealed by Allāh. It includes the orders of the Noble Qur'ān and the orders prescribed by the Noble Prophet ﷺ based on revelation.
Walā' is the relationship between a slave and the one who manumits. By this relationship, the freed-slave is considered the family member of the one who freed them. If he dies without having any legal heir, his property goes to one who freed him.
