Al-Dāraqutnī said: “Al-Ḥasan ibn ʿAlī ibn ʿAffān and his brother Muḥammad are both reliable.”
Ibn ʿUqda stated: “Al-Ḥasan died one night into the month of Ṣafar in the year 270 AH.”
Al-Ḥasan ibn ʿAlī (1), Muḥammad ibn Qaymaz al-Daqīqī (2), and a group of others narrated to us; they said:
ʿAbd Allāh ibn ʿUmar informed us; he said: Masʿūd ibn Muḥammad ibn Shunayf informed us, in the year (551); al-Ḥusayn ibn Muḥammad al-Sarrāj and Abū Ghālib Muḥammad ibn Muḥammad al-ʿAṭṭār informed us; they both said:
Al-Ḥasan ibn Aḥmad al-Bazzāz related to us; ʿAlī ibn Muḥammad al-Qurashī related to us; al-Ḥasan ibn ʿAlī ibn ʿAffān narrated to us in the year 265 AH; Jaʿfar ibn ʿAwn narrated to us; Yaḥyā ibn Saʿīd informed us, from Saʿīd ibn al-Musayyib, who said:
“When a man emancipates his slave-girl, he may have relations with her, employ her in service, and arrange her marriage; but he may neither sell her nor give her away. Her child enjoys the same standing as she does.” (3)
(1) The author provides his biography in his work Mashyakha, MS Kh Q, fols. 42–43.
(2) He is Muhammad ibn Qaymaz, the upright Qurʾan-reciter, Shams al-Din, Abu ʿAbd Allah, a freedman of Bishr al-Tahhan. He died in 702 AH at the age of eighty-four and transmitted the text of Sahih al-Bukhari. See his notice in the author’s Mashyakha, MS Kh Q, fol. 150.
(3) Malik also reports the tradition in the Muwattaʾ, 3/35, through Yahya ibn Saʿid from Saʿid ibn al-Musayyab. Al-Bayhaqi, drawing on Malik’s chain, cites it in al-Sunan, 10/315, with the wording: “When a man declares his slave-girl mudabbar (to be freed at his death), he may still have intercourse with her, but he may neither sell nor give her away; her child has the same ruling as she.”
Likewise, Malik records in the Muwattaʾ, 3/5 (Book of Manumission and Walaʾ, Chapter: Manumission of the Mothers of Children), from Nafiʿ, from Ibn ʿUmar, that ʿUmar ibn al-Khattab said: “Any female slave who bears a child from her master is not to be sold, given away, or inherited; he may continue to enjoy her company, and when he dies, she is free.”
ʿAbd al-Razzaq (no. 13224) transmits—through Maʿmar, Ayyub, Ibn Sirin, and ʿUbayda al-Salmani—that he heard ʿAli say: “My view and that of ʿUmar once coincided regarding ummahat al-awlad (slave-mothers of their masters’ children) that they should not be sold, but later I came to think they might be sold.” ʿUbayda replied: “Your joint opinion with ʿUmar, in keeping with the community, is dearer to me than your solitary opinion in dissent.” This chain of transmission is regarded as one of the soundest. ʿAbd al-Razzaq also relates with an authentic chain that ʿAli later retracted his divergence from ʿUmar and the consensus.