Is it permissible to rent out a married female slave for nursing without her husband's permission?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the female slave is married, it is not permissible to rent her out for nursing except with the permission of her husband. This is because occupying her with nursing and custody infringes upon the husband's right, causing her to be occupied away from him.
Supporting text
If the master rents her out for nursing and subsequently marries her off, the marriage contract remains valid and the rental contract is not annulled. The husband then has the right to enjoy her during the times she is free from nursing and custody obligations. Malik ruled that the husband does not have the right to have intercourse with her except with the consent of the tenant, because intercourse diminishes the milk and might even stop it. Our position is that the husband's right to intercourse is established and should not be nullified due to a doubtful matter.