Azami 6068

Ibn Hibban (4950) narrated it from Abu Yaala, who said, "It was read to Bishr bin Walid, from Yaqub bin Ibrahim, from Ubaydullah bin Umar, from Abdullah bin Dinar, from Ibn Umar," and he related the hadith. Its chain of transmission is sahih. Yaqub bin Ibrahim is Abu Yusuf, the leading jurist and independent legal scholar, the companion of the Imam Abu Hanifa.However, Shafii narrated it, and by his route Hakim (4/341) and Bayhaqi (10/292) narrated it, from Muhammad bin Hasan, from Abu Yusuf, from Abdullah bin Dinar with his chain of transmission. But Ubaydullah bin Umar is not in this chain. Bayhaqi said in al-Marifah (14/409), "This is how Shafii narrated it, from Muhammad bin Hasan the jurist, from Abu Yusuf the judge. It seems that Muhammad bin Hasan narrated it to Shafii from memory, and so he dropped the mention of Ubaydullah bin Umar from the chain. Muhammad bin Hasan had narrated it in Kitab al-Wala from Abu Yusuf, from Ubaydullah bin Umar, from Abdullah bin Dinar, from Ibn Umar, from the Prophet ﷺ, with the same wording that Shafii narrated from him." In this we find Ibn Hasan corroborating Bishr bin Walid.As for what Bayhaqi transmitted from Abu Bakr bin Ziyad Nisaburi following this hadith, "This is a mistake, because the trustworthy narrators did not narrate it this way, rather Hasan narrated it as a mursal report." He then cited the mursal report, saying, "Abu Abdullah the Hafiz and Abu Saeed bin Abu Amr told us, they said, Abu Abbas Muhammad bin Yaqub told us, Yahya bin Abu Talib told us, Yazid bin Harun informed us, Hisham bin Hassan informed us, from Hasan, who said, the Messenger of Allah ﷺ said something similar." Bayhaqi said, "It has also been narrated through other routes, all of them daif."I say, this mursal report does not undermine the connected (marfu) narration, since their points of origin differ, rather it strengthens it, as is well known in the science of hadith terminology. Abdullah bin Dinar had two hadiths from Ibn Umar, one of which Ubaydullah bin Umar narrated from him, as is the case here, and the other Malik and Sufyan and others narrated from him. So neither of them undermines the other.Tirmidhi said following the hadith, "The practice among the people of knowledge is in accordance with this hadith." And Baghawi said, "The people of knowledge agree on this, that wala (the right of inheritance arising from manumission) may not be sold, nor given as a gift, nor inherited. Rather, it is a cause by which inheritance takes place, like lineage, by which inheritance takes place but which cannot itself be inherited. The Arabs in pre-Islamic times used to sell the wala rights over their freed slaves, so the Messenger of Allah ﷺ forbade them from doing so." Sharh al-Sunnah (8/354).