What is the ruling regarding the validity of marriage when a man inherits or is bequeathed a female slave whom he is currently married to?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

The marriage contract is nullified if a free man accepts a bequest of a female slave to whom he is married because marriage cannot coexist with the right of ownership (*milk al-yamīn*). The prominent view in the Madhhab holds that ownership of the bequest is established only upon acceptance by the legatee, thus causing the marriage to be nullified at that moment. An alternative view suggests that acceptance confirms the ownership was established from the moment of the testator's death, meaning the marriage was nullified retrospectively from the time of death.