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The Command to grant Slaves a Contract of Emancipation Print E-mail

﴿وَالَّذِينَ يَبْتَغُونَ الْكِتَـبَ مِمَّا مَلَكَتْ أَيْمَـنُكُمْ فَكَـتِبُوهُمْ إِنْ عَلِمُتُمْ فِيهِمْ خَيْراً﴾

(And such of your servants as seek a writing (of emancipation), give them such writing, if you find that there is good and honesty in them.) This is a command from Allah to slave-owners: if their servants ask them for a contract of emancipation, they should write it for them, provided that the servant has some skill and means of earning so that he can pay his master the money that is stipulated in the contract. Al-Bukhari said: "Rawh narrated from Ibn Jurayj: `I said to `Ata', "If I know that my servant has money, is it obligatory for me to write him a contract of emancipation'' He said, "I do not think it can be anything but obligatory.'' `Amr bin Dinar said: "I said to `Ata', `Are you narrating this from anybody' He said, `No,' then he told me that Musa bin Anas told him that Sirin, who had a lot of money, asked Anas for a contract of emancipation and he refused. So he went to `Umar (bin Al-Khattab), may Allah be pleased with him, and he said, `Write it for him.' He refused, so `Umar hit him with his whip and recited,

﴿فَكَـتِبُوهُمْ إِنْ عَلِمُتُمْ فِيهِمْ خَيْراً﴾

(give them such writing, if you find that there is good and honesty in them.)Then he wrote the contract.'' This was mentioned by Al-Bukhari with a disconnected chain of narration. It was also narrated by `Abdur-Razzaq who said Ibn Jurayj told them: I said to `Ata', "If I know that my servant has some money, is it obligatory for me to write him a contract of emancipation'' He said, `I do not think it can be anything but obligatory.''' ﴿It was also said by `Amr bin Dinar who said, "I said to `Ata', `Are you narrating this from anybody' He said, `No.'''﴾ Ibn Jarir recorded that Sirin wanted Anas bin Malik to write a contract of emancipation and he delayed, then `Umar said to him, "You should certainly write him a contract of emancipation.'' Its chain of narrators is Sahih. Allah's saying:

﴿إِنْ عَلِمُتُمْ فِيهِمْ خَيْراً﴾

(if you find that there is good and honesty in them.) Some of them said (this means) trustworthiness. Some said: "Honesty,'' and others said: "A skill and ability to earn.''

﴿وَءَاتُوهُمْ مِّن مَّالِ اللَّهِ الَّذِى ءَاتَـكُمْ﴾

(And give them something out of the wealth of Allah which He has bestowed upon you.) This is the share of the wealth of Zakah that Allah stated to be their right. This is the opinion of Al-Hasan, `Abdur-Rahman bin Zayd bin Aslam and his father and Muqatil bin Hayyan. It was also the opinion favored by Ibn Jarir.

﴿وَءَاتُوهُمْ مِّن مَّالِ اللَّهِ الَّذِى ءَاتَـكُمْ﴾

(And give them something out of the wealth of Allah which He has bestowed upon you. ) Ibrahim An-Nakha`i said, "This is urging the people, their masters and others.'' This was also the view of Buraydah bin Al-Husayb Al-Aslami and Qatadah. Ibn `Abbas said: "Allah commanded the believers to help in freeing slaves.''

 

 
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