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(Book 38, Hadith 21) #36555
Ownership Dispute Resolved by Uthman ibn Affan

SUMMARY: A dispute between a freed slave and his former master over the ownership of the slave's children was brought to Uthman ibn Affan, who ruled in favor of the master.

Malik related to me from Rabia ibn Abd ar-Rahman that az-Zubayr ibn al-Awwam bought a slave and set him free. The slave had children by a free woman. When az-Zubayr freed him, he said, "They are my mawali". The man argued, "They are the mawali of their mother. Rather, they are our mawali". They took the dispute to Uthman ibn Affan, and Uthman gave a judgement that az-Zubayr had their wala'.
حَدَّثَنِي مَالِكٌ، عَنْ رَبِيعَةَ بْنِ أَبِي عَبْدِ الرَّحْمَنِ، ‏.‏ أَنَّ الزُّبَيْرَ بْنَ الْعَوَّامِ، اشْتَرَى عَبْدًا فَأَعْتَقَهُ وَلِذَلِكَ الْعَبْدِ بَنُونَ مِنِ امْرَأَةٍ حُرَّةٍ فَلَمَّا أَعْتَقَهُ الزُّبَيْرُ قَالَ هُمْ مَوَالِيَّ ‏.‏ وَقَالَ مَوَالِي أُمِّهِمْ بَلْ هُمْ مَوَالِينَا ‏.‏ فَاخْتَصَمُوا إِلَى عُثْمَانَ بْنِ عَفَّانَ فَقَضَى عُثْمَانُ لِلزُّبَيْرِ بِوَلاَئِهِمْ

QUICK LESSONS:
Seek justice through proper channels rather than taking matters into one's own hands; Seek out wise counsel when unable to come up with an agreement on one's own .

EXPLANATIONS:
This hadith is about a dispute between a freed slave and his former master over the ownership of the slave's children. The man argued that since they were born from a free woman, they should be considered their mawali, or their own people. However, his former master disagreed and said that they were his mawali instead. The two parties took their dispute to Uthman ibn Affan for judgement, and he ruled in favor of the former master, saying that az-Zubayr had their wala'. This hadith teaches us about justice and fairness in resolving disputes between two parties. It also shows us how important it is to seek out wise counsel when we are unable to come up with an agreement on our own. Finally, it reminds us that even though we may have been wronged in some way or another by someone else, it is still important for us to seek justice through proper channels rather than taking matters into our own hands.

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