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58.12. O die ihr glaubt, wenn ihr mit dem Gesandten vertraulich sprechen wollt, dann gebt schon vor eurem vertraulichen Gespräch ein Almosen. Das ist besser und reiner für euch. Wenn ihr jedoch nicht(s dafür) findet, gewiß, dann ist Allah Allvergebend und Barmherzig.

[ alMugadala:12 ]


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 Kapitel: Setting Free and Wala'
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Kapitel: 38, Nummer: 1
Malik related to me from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace,said, If a man frees his share of a slave and has enough money to cover the full price of the slave justly evaluated for him, he must buy out his partners so that the slave is completely freed. If he doesn't have the money, he partially frees him.

Malik said, The generally agreed-on way of doing things among us in the case of slave whose master makes a bequest to free part of him - a third, a fourth, a half, or any share after his death, is that only the portion of him is freed that his master has named. This is because the freeing of that portion is only obliged to take place after the death of the master because the master has the option to withdraw the bequest as long as he lives. When the slave is freed from his master, the master is a testator and the testator only has access to free what he can take from his property, being the third of the property he is allowed to bequeath, and the rest of the slave is not free because the man's property has gone out of his hands. How can the rest of the slave which belongs to other people be free when they did not initiate the setting free and did not confirm it and they do not have the wala' established for them? Only the deceased could do that. He was the one who freed him and the one for whom the wala' was confirmed. That is not to be borne by another's property unless he bequeaths within the third of his property what remains of a lave to be freed. That is a request against his partners and inheritors and the partners must not refuse the slave that when it is within the third of the dead man's property because there is no harm in that to the inheritors.

Malik said, If a man frees a third of his slave while he is critically ill, he must complete the emancipation so all of him is free from him, if it is within the third of his property that he has access to, because he is not treated in the same way as a man who frees a third of a slave after his death, because had the one who freed a third of his slave after his death lived, he could have cancelled it and the slave's being set free would be of no effect. The master who made the freeing of the third of the slave irrevocable in his illness, would still have to free all of him if he lived. If he died, the slave would be set free within the third of the bequest. That is because the command of the deceased is permissible in his third as the command of the healthy is permissible in all his property.


Kapitel: 38, Nummer: 10
Malik related to me that he had heard that al-Maqburi said that Abu Hurayra was asked whether a man who had to free a slave, could free an illegitimate child to fulfil that obligation. Abu Hurayra said, Yes. That will give satisfaction for him.


Kapitel: 38, Nummer: 11
Malik related to me that he had heard that Fadala ibn Ubayd al-Ansari who was one of the companions of the Messenger of Allah, may Allah bless him and grant him peace, was asked whether it was permissible for a man who had to free a slave to free an illegitimate child. He said, Yes, That will give satisfaction for him.


Kapitel: 38, Nummer: 12
Malik related to me that he had heard that Abdullah ibn Umar was asked whether a slave could be bought on the specific condition that it was to be used to fulfil the obligation of freeing a slave, and he said, No.

Malik said, That is the best of what I have heard on the obligation of freeing slaves. Someone who has to set a slave free because of an obligation on him, may not buy one on the condition that he sets it free because if he does that, whatever he buys is not completely a slave because he has reduced its price by the condition he has made of setting it free.

Malik added, There is no harm, however, in someone buying a person expressly to set him free.

Malik said, The best of what I have heard on the obligation of freeing slaves is that it is not permitted to free a christian or a jew to fulfil it, and one does not free a mukatab or a mudabbar or an umm walad or a slave to be freed after a certain number of years, or a blind person. There is no harm in freeing a christian, jew, or magian voluntarily, because Allah, the Blessed, the Exalted, said in His Book, 'either as a favour then or by ransom,' (Sura 47 ayat 4) The favour is setting free.

Malik said, As for obligations of freeing slaves which Allah has mentioned in the Book, one only frees a mumin slave for them.

Malik said, It is like that in feeding poor people for kaffara. One must only feed muslims and one does not feed anyone outside of the deen of Islam.


Kapitel: 38, Nummer: 13
13 Malik related to me from Abd ar-Rahman ibn Abi Amra al-Ansari that his mother had wanted to make a bequest, but she delayed until morning and died. She had intended to set someone free, so Abd ar-Rahman said, 'I said to al-Qasim ibn Muhammad, 'Will it help her if I free a slave for her?' Al-Qasim replied, 'Sad ibn Ubada said to the Messenger of Allah, may Allah bless him and grant him peace, 'My mother died, will it help her if I set a slave free for her?' The Messenger of Allah, may Allah bless him and grant him peace, said Yes. '


Kapitel: 38, Nummer: 14
Malik related to me that Yahya ibn Said said, ''Abd ar-Rahman ibn Abi Bakr died in his sleep, and A'isha, the wife of the Prophet, may Allah bless him and grant him peace, set free many slaves for him. Malik said, This is what I like best of what I have heard on the subject.


Kapitel: 38, Nummer: 15
Malik related to me from Hisham ibn Urwa from his father from A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that the Messenger of Allah, may Allah bless him and grant him peace, was asked what was the most excellent kind of slave to free. The Messenger of Allah, May Allah bless him and grant him peace, answered, The most expensive and the most valuable to his master.


Kapitel: 38, Nummer: 16
Malik related to me from Nafi that Abdullah ibn Umar freed an illegitimate child and its mother.


Kapitel: 38, Nummer: 17
Malik related to me from Hisham ibn Urwa from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, Barira came to me and said, 'I have written myself as mukatab for my people for nine uqiyas, one uqiya per year, so help me.' A'isha said, 'If your people agree that I pay it all to them for you, and that if I pay it, your wala' is mine, then I will do it.' Barira went to her masters and told them that and they didn't agree. She came back from her masters while the Messenger of Allah, may Allah bless him and grant him peace, was sitting. She said to A'isha, 'I offered that to them and they refused me unless they had the wala'.' The Messenger of Allah, may Allah bless him and grant him peace, heard that and asked her about it A'isha told him and the Messenger of Allah, may Allah bless him and grant him peace, said, 'Take her and stipulate that the wala' is yours, for the wala' is for the one who sets free.' So A'isha did that and then the Messenger of Allah, may Allah bless him and grant him peace, stood up in front of the people, and praised Allah and gave thanks to Him. Then he said, 'What is wrong with the people who make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid even if it is a hundred conditions. The decree of Allah is truer and the conditions of Allah are firmer, and the wala' only belongs to the one who sets free.'


Kapitel: 38, Nummer: 18
Malik related to me from Nafi from Abdullah ibn Umar that A'isha umm al-muminin wanted to buy a slave-girl and set her free. Her people said, We will sell her to you provided that her wala' is ours. She mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and he said, Don't let that hinder you, for the wala' only belongs to the one who sets free.


Kapitel: 38, Nummer: 19
Malik related to me from Yahya ibn Said from Amra bint Abd ar-Rahman that Barira came asking the help of A'isha, umm al-muminin. A'isha said, If your masters agree that I pay them your price in one lump sum and set you free I will do it. Barira mentioned that to her masters and they said, No, not unless your wala' is ours. Yahya ibn Said added that Amra bint Abd ar-Rahman claimed that A'isha mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace said, Buy her and set her free. The wala' only belongs to the one who sets free.


Kapitel: 38, Nummer: 2
Malik said, A master who frees a slave of his and settles his emancipation so that his testimony is permitted, his inviolability complete, and his right to inherit confirmed, cannot impose stipulations on him like what he imposes on a slave about property or service, nor get him to do anything of slavery, because the Messenger of Allah, may Allah bless him and grant him peace, said, If a man frees his share of a slave and has enough money to cover the full price of the slave justly evaluated for him, he must give his partners their shares so the slave is completely free.

Malik commented, If he owns the slave completely, it is more proper to free him completely and not mingle any slavery with it.



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