Is the annulment (Faskh) by a freed slave woman permissible without a judge's ruling?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
The annulment (Faskh) for a woman whose marriage was contracted while she was a slave is permissible without the ruling of a judge. This is because the permissibility of this annulment is based on unanimous agreement (Ijma) and is not a matter subject to differing scholarly legal opinions (Ijtihad). It is analogous to rejecting a purchased item due to a defect, which does not require a judge's ruling.
Supporting text
The annulment based on a defect in marriage (Khiyar al-'Aib fi al-Nikah) requires the ruling of a judge because it is a matter open to Ijtihad, similar to the requirement of a judge's ruling for annulment due to the husband's insolvency (I'sar).