What is the legal status of the slave's Ihram if the master sells the slave after the slave has entered Ihram?

General Chapter

Al-Mughni

Book of Hajj

Book 11 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the master sells the slave after the slave has entered Ihram, the buyer assumes the same ruling regarding the dissolution of the Ihram as the seller. This is because the buyer acquires the slave while his utility is suspended (maslub al-manfa'ah), making the situation analogous to a marriageable female slave (Amma Muzawwaja) or a hired laborer (Musta'jar).

Supporting text

If the buyer was aware of the slave's state of Ihram at the time of purchase, they have no option to annul the sale (Khiyar) because they entered the transaction knowingly, similar to purchasing an item with a known defect. If the buyer was unaware, they have the right to annul the sale due to the detriment caused by the slave's ongoing Hajj pilgrimage resulting in forfeited utility. However, if the initial Ihram was undertaken without the master's permission, and thus the seller (original master) had the right to dissolve it, the buyer cannot annul the sale, as they can simply compel the original master to exercise that right to remove the impediment.