Is the marriage contract of an endowed female slave (mawqufah) permissible?
General Chapter
Al-Mughni
Book of Endowments (Awqaf) and Donations
Primary text
The marriage of an endowed female slave is permissible because the contract pertains to the usufruct (manfa'ah), which resembles tenancy (ijarah). Furthermore, the beneficiary (mawquf 'alayh) does not possess the right to utilize this specific usufruct personally, so granting its use to another does not cause him harm. The beneficiary acts as the guardian (wali) because the slave is his property, and the dower belongs to him as it is compensation for her usufruct, similar to rent in a tenancy agreement.
Supporting text
An alternative view suggests that the marriage is impermissible because the contract concerns her usufruct for her entire life, potentially leading to the forfeiture of her service for a subsequent beneficiary generation.