Buying Slaves

“I once asked abu al-Hassan, Musa (a.s.), about the case of a man who is of my relatives who has left behind small children, slave-boys and slave-girls, and has not made any will. ‘What do you say about one who buys from them a slave-girl for a mother of one’s child and what do you say about selling them?’ He (the Imam) said, ‘If they have a guardian he looks after their affairs, sells for them, and looks after them, he will receive his reward from Allah.’ I then asked, ‘What do you say about one who buys from them a slave-girl to make her mother of his child.’ He (the Imam) said, ‘It is not unlawful if their guardian sells her for them who supervises for them in matters of their interest and they cannot revoke what the guardian has done to protect their interest.’”

“A certain person of our people died without a will and his case was presented before a judge of al- Kufah. ‘Abd al-Hamid was appointed as the supervisor over his affairs. The man had left behind small heirs, assets and slave-girls. ‘Abd al-Hamid sold the assets and when he wanted to sell the slave-girls, His heart became weak in selling them because the deceased had not appointed him as executor of his will and his appointment was because of the order of the judge and it was a matter of Furuj (matters of reproductive issue). I then asked abu Ja’far (a.s.), about it saying, ‘If a man of our people dies without a will and leaves behind slave-girls, then the judge appoints a man from us as supervisor to sell the slave-girls or says that a man from us looks after this issue and his heart becomes weak because it is a matter of Furuj; what do you say about it?’ He (the Imam) said, ‘If the supervisor is like you or like ‘Abd al-Hamid it is not unlawful.’”

“I once asked him (the Imam) (a.s.), about the case of a man who buys a slave, who is a runaway one, from his people. He (the Imam) said, ‘It is not valid unless he buys something else along with him and says, “I buy from you this thing and your slave so and so for so and so amount” and if he cannot find the slave his price (asset) will be in what he has paid for that thing.’”

“I once said to abu ‘Abd Allah (a.s.), ‘I have made a deal with a man in the manner of Musawamah (fixed price regardless of capital) about his slave-girl. He sold her to me on my demand and I took possession on that basis, sent him a thousand dirham and said to him, ‘This is a thousand because of my order.’ He refused to accept it from me and I had already touched her before sending the thousand dirham. He (the Imam) said, ‘I say that you must evaluate the slave-girl for a fair price. If her price is more than what you sent to him you must complete the deficit, and if the price is less than what you have sent to him it belongs to him.’ I then said, ‘What happens if I find a defect in her after touching her?’ He (the Imam) said, ‘You cannot return her. You can, however, demand for the difference of her prices as defect-free and defective condition.’”

“This is about the case of a slave who is owned by several people and one of them sells his share and the other says, ‘I am more rightful to buy it if his claim is right.’ He (the Imam) said, ‘It is a right if there is only one shareholder.’ It then was asked if there is right of al-Shuf’ (priority right over others to buy) in the sale of animals. He (the Imam) said, ‘No, there is no right of al-Shuf ’ in the sale of animals.’”

“About the case of buying and the sale of Romans, Abu al-Hassan (a.s.), has said, ‘(If they are for sale), buy and sell them.’”

“This is concerning my question before abu ‘Abd Allah (a.s.), about buying slaves of tax payers if their government approves. He (the Imam) said, ‘If the authority over them approves you can buy and marry them.’”

“I once asked al-Rida’ (a.s.), about the enemy people who make peace, then breach it because justice was not practiced with them; if it is permissible to buy their captives. He (the Imam) said, ‘If they are open enemies you can buy but if they are exiled and treated unjustly, then do not buy their captives.’ I asked him (the Imam) about captives from Daylam who steal from each other and the Muslims invade them without authorization from Imam; if buying them is permissible. He (the Imam) said, ‘If they confess their slavery, then it is not unlawful.’ I then asked him (the Imam) about taxpayer people who face famine and a man brings his children and says: this is for you feed him and he is for you. He (the Imam) said, ‘You must not sell free people. It is not lawful for you as well as for the tax payers.’”

“I once asked abu al-Hassan (a.s.), about Romans who invade al-Saqalibah (a people who lived between Bulgaria and Constantinople (Istanbul)), steal their children, slave-girls and slave-boys, then castrate the slave-boys, then send them to Baghdad for the merchants. What do you say about them and we know they are stolen and they were invaded wrongfully without declared war among them. He (the Imam) said, ‘It is not unlawful to buy them because they have only taken them from paganism to al-Islam.’”

“This is concerning my question before abu ‘Abd Allah (a.s.), about the slaves of the taxpayers; if I can buy from them. He (the Imam) said, ‘You can buy them if they certify their slavery.’”

“This is concerning my question before abu ‘ Abd Allah (a.s.), about the case of a man who buys a slave-girl for a certain price, then sells her (on credit) and makes a profit before paying the owner. The owner comes and demands payment but he does not pay. The owner says to those who have bought her to pay him what the person selling the slave-girl owes him and the profit that he has made is for them. He (the Imam) said, ‘It is not unlawful.’”

“Abu Ja‘far (a.s.), has said that ’Amir al-Mu’minin (a.s.), issued a judgment in the case of a slave-girl who is the mother of a child who is sold by the son of her master in the absence of his father. The buyer made her to become pregnant and a boy was born. Then her first master came and disputed the second master, saying: she was the mother of my child whom my son had sold without my permission. He (the Imam) said, ’The judgment gave him the mother and the child.’ The one who had bought begged and pleaded before him (the Imam). He said, ‘Take his son who sold to you the mother of the child until he pays you for the sale.’ When he took him his father said, ‘Allow my son to go.’ He said, ‘No, by Allah, I will not allow him to go until you allow my son to go.’ When the master of the mother of the child saw this he authorized the sale of his son.’”

“I once said to abu ‘Abd Allah (a.s.), ‘I go to the market to buy a slave-girl and she says that she is free. He (the Imam) said, ‘You can buy her unless she presents proof of her freedom.’”

“Once I was sitting with abu ‘Abd Allah (a.s.), when a man came in with his son. Abu ‘Abd Allah (a.s.), asked, ‘What kind of business does your son do?’ He replied, ‘He sells slaves.’ Abu ‘Abd Allah (a.s.), said, ‘You must not buy what is defective physically or morally. When you buy a head, you must not show its price on balance; whatever head sees its price in the balance it does not succeed. When you buy a head change its name, feed it something sweet and when you become the owner give four dirham charity for it.’”

“Abu ‘Abd Allah (a.s.), has said, ‘One who looks at his own price when he is weighed, he does not succeed.’”

“I once asked abu al-Hassan, Musa (a.s.), about the case of a man who shares a slave-girl with another man and says, ‘If we made profit half is for you, if it is a loss then there is nothing on you.’ He (the Imam) said, ‘I do not see anything unlawful in it if the owner of the slave-girl agrees without compulsion.’”

“This is concerning my question before abu ‘ Abd Allah (a.s.), about the case of slave- girls and conditions that say, ‘She must not be sold or transferred in inheritance or given as gift.’ He (the Imam) said, ‘It is lawful except inheritance; she is inherited. Any condition against the book of Allah is rejected.’”

“Once I visited abu ‘Abd Allah (a.s.), and he asked, ‘Young man, what you do for a living?’ I replied, ‘It is slaves.’ He (the Imam) said, ‘I recommend you so keep my recommendations safe. You must not buy physically or morally defective ones. You must make the guarantees strong and firm.’”