Does the master have the right to release his slave from Ihram once Ihram has been validly undertaken without permission?
General Chapter
Al-Mughni
Book of Hajj
Primary text
There is a scholarly divergence regarding the master's right to dissolve his slave's Ihram performed without authorization. One opinion, chosen by Ibn Hamid, asserts that the master may release the slave from Ihram, placing the slave in the ruling of someone prevented from completing Hajj (Muhsar). The rationale is that the master's right to the slave's utility is being continuously forfeited without consent.
Supporting text
A second opinion, chosen by Abu Bakr, denies the master this right, arguing that a master cannot dissolve a voluntary religious observance undertaken by the slave, just as one cannot dissolve a voluntary vow (Nadhr).