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English translation
3481. It was narrated that 'Aishah said: "Barîrah made a contract[1] that she would be freed in return for nine Awâq, one Uqiyyah to be paid each year." She came to 'Aishah asking for help and she said: "No, not unless they agree to accept the sum in one payment, and that the Wala' will go to me." Barîrah went and spoke to her
masters but they insisted that the Wala' should be for them. She came to 'Aishah and the Messenger of Allāh ﷺ came, and she told her what her masters had said. She said: "No, by Allāh, not unless Wala' is to me." The Messenger of Allāh ﷺ said: "What is this?" She said: "O Messenger of Allāh, Barīrah came to me and asked me to help her with her contract of manumission, and I said no, not unless they agree to accept the sum in one payment, and that the Wala' will be for me. She mentioned that to her masters and they insisted that the Wala' should be for them." The Messenger of Allāh ﷺ said: "Buy her, and stipulate that the Wala' is for the one who sets the slave free." Then he stood up and addressed the people and said: "What is the matter with people who stipulate conditions that are not in the Book of Allāh, the Mighty and Sublime? They say: 'I set so-and-so free but the Wala' will be to me.' Every condition that is not in the Book of Allāh, the Mighty and Sublime, is a false condition, even if there are a hundred conditions." And the Messenger of Allāh ﷺ gave her the choice with regard to her husband who was still a slave, and she chose herself. 'Urwah said: "If he had been free the Messenger of Allāh ﷺ would not have given her the choice." (Ṣaḥīḥ)
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Footnotes
1
[1] Kitâbah; a writ of emancipation, when a price for freedom is agreed upon. The author has provided a sample of such in the section of contracts, in the Book of Agriculture, Chapter 48.
Commentary
1. 'Nine Uqiyahs': One Uqiyah consisted of forty dirhams. Nine Uqiyah add up to three hundred and sixty dirhams.
2. From the apparent Arabic phrasing of this narration, it appears that 'Āishah ﷺ wanted to acquire the right of Al-Walâ' by paying the full amount in one installment to Barîrah with a view to helping her. But this perception is not right. The sermon of Allâh's Messenger ﷺ and other narrations corroborate that 'Āishah wanted to buy and emancipate her. Had it been the former case, the viewpoint of the (Barîrah's) owners would have been appropriate.
3. 'The condition which is not found in the Book of Allâh is not valid' means the conditions which go against the explicit elucidation of the Book of Allâh. Otherwise it is not necessary that every condition be found in the Book of Allâh.
