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English translation
1364. Imrān bin Ḥusain narrated: "A man from the Anṣār freed six slaves of his upon his death, and he did not have any wealth aside from them. That was conveyed to the Prophet ﷺ, and he said some harsh words about him." He said: "Then he called for them and he divided them and had them draw lots. So he freed two of them and left four as slaves." (Ṣaḥīḥ)
[He said:] There is something on this topic from Abū Hurairah.
[Abū 'Eisā said:] The Ḥadīth of Imrān bin Ḥusain is a Ḥasan Ṣaḥīḥ Ḥadīth, and it has been reported through more than one route from Imrān bin Ḥusain.
This is acted upon according to some of the people of knowledge [among the Companions of the Prophet ﷺ]. It is the view of Mālik bin Anas, Ash-Shāfi'ī, Aḥmad, and Iṣhāq. They held the view that casting of lots could resorted to in this case and others. As for some of the people of knowledge among the people of Al-Kūfah and others, they did not approve of drawing lots. They said: Each one of the slaves should be freed one-third, and they should be allowed to work to earn the price of the other two-thirds.
their dispute to the Messenger of Allāh ﷺ. the Messenger of Allāh ﷺ said to Az-Zubair: 'O Zubair! Irrigate (your land) then let the water pass to your neighbor.' The Anṣār became angry and said: '[O Messenger of Allāh!] Is this because he is your aunt's son?' The face of the Messenger of Allāh ﷺ changed color. Then he said: 'O Zubair! Irrigate (your land) and then withhold the water until it reaches the walls.' Az-Zubair said: 'By Allāh! I think that this Āyah was revealed about that: But no, by your Lord, they can have no Faith until they make you (O Muḥammad) judge in all disputes between them, and find in themselves no resistance against your decisions and accept (them) with full submission.'[1] (Ṣaḥīḥ)
[Abū 'Eisā said:] This Ḥadīth is Ḥasan [Ṣaḥīḥ].
Shu'bah bin Abi Hamzah reported it from Az-Zuhri, from 'Urwah bin Az-Zubair, from Az-Zubair, and he did not mention "from 'Abdullāh bin Az-Zubair" in it. 'Abdullāh bin Wahb reported it from Al-Laith – and, Yūnus from Az-Zuhri – from 'Urwah, from 'Abdullāh bin Az-Zubair, (and it is) similar to the first narration.
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Commentary
This man from Anṣār was a Companion who participated in the Battle of Badr. In anger, he was not patient, and uttered those offensive words. No Muslim ever dares to behave in such a way as he did. This event gives a lesson
[He said:] There is something on this topic from Qurrah [Al-Muzanī].
[Abū 'Eisā said:] The Hadīth of Al-Barā' is a Hasan Gharīb Hadīth. Muhammad bin Ishāq reported this Hadīth from 'Adī bin Thābit, from 'Abdullāh bin Yazīd, from Al-Barā'. This Hadīth has also been reported from Ash'ath, from 'Adī, from Yazīd bin Al-Barā', from his father. And it has been reported from Ash'ath, from 'Adī, from Yazīd bin Al-Barā', from his maternal uncle, from the Prophet ﷺ.
If someone goes against definite and decisive orders, for which the Sharī'ah awards capital punishment, and a judge, Imām or head of the state has the right to award him the death sentence. There is difference of opinion on the punishment of an offender who marries the wife of his father, which is strictly prohibited in Islamic law. In the view of Imām Mālik and Imām Shāfi'i, Hadd will be imposed, but in view of Imām Aḥmad and Ishāq, his punishment is death and confiscation of his property.
