What is the ruling on dissolution of marriage (Faskh) if the husband is unable to provide maintenance for the married female slave?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
If the husband is unable to provide maintenance (i'sar), the slave woman possesses the right to seek dissolution of the marriage (*Faskh*), analogous to a free woman, because the husband is incapable of fulfilling his financial obligation towards her. According to Al-Qadi (The Judge), if the slave does not seek dissolution, her master has the right to seek *Faskh*. This is because the master suffers harm from her lack of maintenance due to the potential loss and damage related to the loss of his ownership rights.
Supporting text
Abu Al-Khattab and the companions of Al-Shafi'i state that the master does not have the right to seek dissolution due to the husband's inability to pay maintenance, as maintenance is a right belonging to the slave woman herself; thus, the master cannot seek dissolution without her consent, similar to dissolution sought due to a defect (*'ayb*).