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Text and translation
English translation
1219. Jābir narrated: "A man among the Anṣār decided to free a slave of his after his death. He died but he left no wealth behind beside the slave. So the Prophet ﷺ sold him and Nu'aim [bin 'Abdullāh] bin An-Naḥ-ḥām bought him." Jābir said: "He was a Coptic slave who died during the first year of the leadership of Ibn Az-Zubair." (Ṣaḥīḥ)
[Abū 'Eisā said:] This Hadīth is
Hasan Ṣaḥīḥ and it has been reported through more than one route from Jābir bin 'Abdullāh.
This Hadīth is acted upon according to some of the people of knowledge among the Companions of the Prophet ﷺ and others. They did not see any harm in the sale of a Mudabbar. This is the view of Ash-Shāfi'i, Aḥmad and Ishāq. There are those among people of knowledge, among the Companions of the Prophet ﷺ and others, who disliked selling the Mudabbar. This is the view of Sufyān Ath-Thawrī, Mālik and Al-Awzā'ī.
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Commentary
The slave who is promised by his owner to be freed after the owners' death is called 'Mudabbar.' There are different opinions about the sale of Mudabbar. But according to a Ṣaḥīḥ narration, the sale of a Mudabbar is proved (Tuhfat Al-Ahwadhī v.2. p. 231). A Mudabbar can only be sold in case of dire need.
