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CHAPTER: THE RIGHT OF INHERITANCE OF PROPERTY VESTS WITH ONE WHO EMANCIPATES THE SLAVE
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'A'isha (Allaah be pjeased with her) reported that Barira came to her in order to seek her help in securing freedom, but she had (so far) paid nothing out of that sum stipulated in the contract. 'A'isba said to her. Go to your family (who owns you), and if they like that I should pay the amount (of the contract) on your behalf (for purchasing your freedom), then I shall have the right in your inheritance. (If they accepted it) I am prepared (to make this payment). Barira made a mention of that to the (members of) her family, but they refused and said: If she (Hadrat 'A'isha) wants to do good to You for the sake of Allaah, she may do it, but the right of inheritance will be ours. She (Hadrat 'A'isha) made a mention of that to Allaah's Messenger (sallAllaahu alayhi wa sallam), and he said to her: Buy her, and emancipate her, for the right of inheritance vests with one who emancipates (the slave). Allaah's Messenger, sallAllaahu alayhi wa sallam) then stood up and said: What has happened to the people that they lay down conditions which are not (found) in the Book of Allaah? And he who laid down a condition not found in the Book of Allaah, that is not valid. even if it is laid down hundred times. The condition laid down by Allaah is the most weighty and the most valid.
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'A'isha (Allaah be pleased with her) reported: Barira came to me and said: My family (owners) have made contract with me (for granting freedom) for nine 'uqiyas (of silver) payable in nine years, one 'uqiya every year. Help me (in making this payment). I said to her: If your family so desires, I am prepared to make them the full payment in one instalment, and thus secure freedom for you, but the right of inheritance will vest in me, if I do so. She (Barira) made a mention of that to her family, but they refused (except) on the condition that the right of inheritance would vest in them. She came to me and made mention of if She ('A'isha) said: I scolded her. She (Barira) said: By Allaah, it is not possible (they will never agree to it). And as she was saying it, Allaah's messenger (sallAllaahu alayhi wa sallam) heard, and he asked me, I informed him and he said: Buy her and emancipate her, and let the right of inherit- ance vest in them, for they cannot claim it (rightfully) since the right of inherritance vests with one who emancipates (the slave; therefore, these people have no right to lay such false claims). And I did so. She ('A'isha) said: Then Allaah's Messenger (sallAllaahu alayhi wa sallam) delivered a sermon in the evening. He extolled Allaah and praised Him with what He deserves, and then said afterwards,: What has happened to the people that they lay down conditions which are not found in the Book of Allaah? And the condition which is not found in the Book of Allaah is invalid, even if its number is one hundred. The Book of Allaah is more true (than any other deed) and the condition laid down by Allaah is more binding (than any other condition). What has happened to the people among you that someone among you says:" Emancipate so and so, but the right of inheritance vests in me"? Verily, the right of inheritance vests in one who emancipates.
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