1237 – Samurah ibn Jundub (may Allah be pleased with him) reported that the Prophet ﷺ said, “Whoever gains ownership of a close blood-relative who is permanently a maḥram to him becomes free.” It was transmitted by Aḥmad and the Four, though a number of ḥadith masters regarded it as mawqūf (1).
Grade of the ḥadith:
The report is mawqūf (halted).
There is a difference of opinion as to whether it is marfūʿ (traced back to the Prophet) or mawqūf, yet a mawqūf report on such a matter carries the same legal force as a marfūʿ one.
The author writes: “Imam Aḥmad and the Four Sunan compilers recorded it. Scholars disagreed over its status, and many ḥuffāẓ (hadith authorities) preferred the view that it is mawqūf. Abū Dāwūd cited it as marfūʿ through the narration of Ḥammād and as mawqūf through the narration of Shuʿbah; Shuʿbah is more reliable than Ḥammād, so the mawqūf version is stronger.”
I add: Even if we accept that it is mawqūf, it still functions as marfūʿ, because this ruling cannot be reached by mere personal opinion.
Ibn al-Madīnī and al-Nasāʾī labeled the report munkar (denounced); al-Bukhārī said it is not sound; al-Tirmidhī observed that Ḍumrah has no corroboration for it and that it is erroneous. Nevertheless, Ibn al-Qaṭṭān, ʿAbd al-Ḥaqq, and Ibn Ḥazm authenticated it. The five major collectors reported it in marfūʿ form, and al-Tirmidhī stated, “The people of knowledge act upon it.”
It also has a corroborating narration from Ibn ʿUmar with a sound isnād, recorded by Ibn Mājah (2525) and Ibn al-Jārūd (972).