Voluntarily slave ? allowed or Not ? a clear ayah or Hadith can some one mention pls

Question

Asslamwalekum WRB my question is we do not find any Hadith that mention anything about voluntary enslavement, yes you will find some Hadith that talks about how it was offer to Zaid R.A to be free but he chooses to be a slave , even I ayah of Qur'an as much as I read and researched no such Ayah that says if some non muslim wants to be voluntarily slave for better life or getting out from a very rusty and filthy life is prohibited or any thereof this sort , can some one please enlight me , will be grateful thanks , jajakallah thanks

Answer 1

وَعَلَيْكُمُ ٱلسَّلَامُ وَرَحْمَةُ ٱللَّٰهِ وَبَرَكَاتُهُ

بِسْمِ ٱللَّٰهِ ٱلرَّحْمَٰنِ ٱلرَّحِيمِ

The general principle is that enslavement of Kuffar can only occur in the case of Jihad as per scholars.

However, in the case of your question regarding Kuffar surrendering themselves as slaves. Few categories must be remembered:

• Harbi - Kuffar having no treaty and neither their rulers have a treaty with Imam (Khalifah)/Amir of Muslims

• Mua'ahid - Kuffar whose ruler made a peace treaty (Hudna) with Imam (Khalifah)/Amir of Muslims

• Dhimmi - Kuffar who pay Jizyah and live in Dar Al Islam under Sharia.

• Kuffar with Aman - Kuffar who entered with Dar Al Islam for a short period and specific work with (Aman).

The Rule is that it is permissible to buy a Harbi Kuffar if he sells himself or even his children.

With regards to Kuffar who entered Dar Al Islam with Aman and sold his children as slaves it is permissible to buy them but there is no mention of whether it is permissible to buy that Kuffar who has aman if sell himself.

With regards to Dhimmi and Mua'ahid Kuffar it is not permissible to buy them and enslave them.

Shaykh Al Islam Ibn Tahmiyyah in his Majmu Al Fatwa was asked a question

وسئل عن شخص من الكفار في بلاد الكفار كان عليه دين باع نفسه لشخص مسلم وقبض الثمن وأوفى به دينه وباع ابنته أيضا ورضوا بالرق وخسر عليهم التاجر المسلم كلفة الطريق والنفقة والكسوة حتى وصلوا إلى بلاد الإسلام . فهل يجوز بيعهم وشراؤهم ؟

He was asked about an infidel in Dar Al Kufr who was in debt. He sold himself to a Muslim person took the price and paid off his debt. He also sold his daughter and they were satisfied with slavery, and the Muslim merchant bore the cost of the road, expenses, and clothing on them until they reached the Abode of Islam. Is it permissible to buy and sell them (slave)?

Imam Ibn Tahmiyyah Replied:

إذا دخل المسلم إلى دار الحرب بغير أمان فاشترى منهم أولادهم وخرج بهم إلى دار الإسلام كانوا ملكا له باتفاق الأئمة وله أن يبيعهم للمسلمين ويجوز أن يشتروا منه ويستحق على المشتري جميع الثمن .

If a Muslim enters the Abode of War without security buys their (Harbi's) children from them and takes them out to the Abode of Islam, they are his property, according to the Consensus of the imams, and he has the right to sell them to the Muslims, and it is permissible for them to buy from him, and the buyer is entitled to all the price.

Here is the fatwa of Imam Malik from Mudawanna stating the matter of Harbi who sold his children as slaves after entering Dar Al Islam with Aman. But if Kuffar have Hudna (i.e, they are Mua'ahid) then it is not permissible to buy from them.

Ref

الاشتراء من أهل الحرب أولادهم إذا نزلوا بأمان .

Imam Ibn Qayyim mentions in his book Ahkaam Ahlul Dhimmah states the reason why Umar رضي الله عنه forbade Muslims to buy slaves from Ahlul Dhimmah due to following reasons -

1. Dhimmis are part of Dar Al Islam and are governed and protected by Sharia.
2. They sell each other and are people who pay Kharaj.

Also as per ijma the blood and wealth of Dhimmi are not permissible without just cause as they are protected due to the covenant and Jizyah that exist between them and Khalifah.

I hope your question is answered.