Zaydi tafsir of 24:33

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6 years 5 months ago - 6 years 5 months ago #771 by Pro-Alid
Salamu alaykum,

What do the Zaydi commentaries say on the following ayah:

"And if those who are in your possession, ask for a deed of emancipation, execute the deed of emancipation with them, provided that you find some good in them; and give them something out of the means Allah has given you." (Surat an-Noor 24:33)

a) A group of Sunni jurists have interpreted the words "execute the deed of emancipation with them" to mean that it is obligatory for the owner to accept the offer of a slave to earn their emancipation - are any Zaydi scholars in agreement with this?

b) What does "find some good in them" mean according to the Zaydi commentators?

c) When the ayah says "and give them something out of the means Allah has given you" - is there anything specific which has to be given?
Last edit: 6 years 5 months ago by Pro-Alid.

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6 years 5 months ago #777 by Imam Rassi Society
wa alaykum as salaam wa rahma!

Thank you for your question! Imam al-Haadi (as) gave a tafsir of this verse in his Al-Ahkaam. Before I get into that, I would like to render the translation as the following: {...and if those who your right hand possess seek a contract of indentured labour (kitaab), contract it with them if you know of any good in them and grant unto them from the wealth of Allah that He has granted you} (Q. 24:33) The kitaab that they are seeking is not necessarily a deed of emancipation but rather a contract of indentured labour.

Imam al-Haadi (as) says that the verse is encouraging those who own slaves to enter into a contract of indentured labour with them. This would mean that instead of being a slave, the person would become an indentured labourer for a fixed period of time. After such time stipulated by the master, the indentured labourer would be free. There are a different set of laws for the slave and the indentured labourer (makaatib).

As for the part of the verse {if you know of any good in them}, the 'good' means righteousness and God-consciousness according to the imam (as). If the master perceives outward righteousness and uprightness from the slave, he can consider changing the status of the slave to that of an indentured labourer. The wisdom of that is that the righteous slave would be more likely to fulfill the conditions of the indentured labour contract.

As for the part of the verse that says {grant unto them from the wealth that Allah has granted you}, this--according to the imam--refers to the zakaat. That is to say that the zakaat money can be used to relieve an indentured labourer from his/her bounded contract (raqb). See the verse of zakaat in Q. 9:60.

And Allah knows best!

IRS

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6 years 5 months ago #782 by Pro-Alid
Replied by Pro-Alid on topic Zaydi tafsir of 24:33
Thank you for very much for your answer, although I have some follow up questions:

1. Does this encouragement to get slaves to enter into a contract of indentured labour apply to both males and females amongst the “ma malakat aymanukum” or only the males?

2. According to the tafsirs of Qurtubi and Tabari, some Sunni scholars consider it obligatory to enter into this contract upon the request of the “ma malakat ayamukum” if one knows of any good in them. Are any Zaydi scholars in agreement with this or do the Zaydis hold that this is simply a recommended act?

3. Is this prerequisite of the slave having to show righteous character linked to the fact that the “ma malakat aymanakum” are enemy captives taken from battle and letting captives free with bad character may result in a danger or threat to the wellbeing of Muslim society?

4. Once a slave reaches the end of their contract and the master grants them some money from their wealth - is this sum of money supposed to be 2.5% of their earnings?

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6 years 5 months ago - 6 years 5 months ago #806 by Imam Rassi Society
Thank you for your question and patience!

1.) There is no restriction to the term malakat aymanukum in this verse. It can refer to either.

2.) According to the madhhab, it is seen as recommended and not obligatory [Ref. At-Taaj al-Mudhhhab and Sharh at-Tajreed]

3.) I haven't found anything that suggests this as the reason.

4.) The money granted to the indentured labourer is actually for them to be freed from their terms of labour. That is, zakaat can be given to the master to free an indentured labourer from their contract. [Ref. Ahkaam of al-Haadi (as)].

And Allah knows best!

IRS
Last edit: 6 years 5 months ago by Imam Rassi Society.

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6 years 4 months ago #828 by Pro-Alid
Replied by Pro-Alid on topic Zaydi tafsir of 24:33
Thanks again.

I'm slightly confused about the last point. The ayah uses the word sadaqa, but the mufasireen say this refers to zakat? You said "zakat can be given to the master to free an indentured labourer" - is this a typo? Isn't zakat paid by an individual to the state at the amount of 2.5%, or in this case, doesn't the slave master release his slave and provide them with 2.5% of their earnings for their labour? Or are you saying that the state may use zakat money that it has collected from its citizens in order to free the slave for their labour?

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6 years 4 months ago #842 by Imam Rassi Society
Thank you for your question!

Sorry for any confusion! What I mean is that the state (although I hate this word) may use the collected zakaat money to free an indentured labourer from his/her contract. This is at the behest of the imam. Imam al-Haadi (as) said in his Al-Ahkaam:

As for {those to be freed} (Q. 9:60)—they are those who are contracted to serve as slaves for a known period of time. It is religiously obligatory for the imam to appropriate for them the amount needed to fulfil their terms and time specificity.


The use of the term sadaqa does not preclude the meaning of zakaat in the Arabic language. Similarly, Allah says: {Take from their wealth dues (sadaqa), wherewith thou may purify them and sanctify them} (Q. 9:103). One cannot be obligated to give voluntary charity. Therefore, our imams say that sadaqa also refers to the obligatory purification dues.

And Allah knows best!

IRS

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