Who has the authority to contract marriage for a female slave (*amah*)?
General Chapter
Al-Mughni
Book of Marriage
Primary text
Regarding one who marries off the female slave of a woman, it is narrated from Ahmad that the guardian (*wali*) of her mistress has authority over her marriage. This is deemed correct and is the position of Al-Shafi'i. The evidence supports that guardianship belongs to her, but it is precluded due to her deficiency; thus, it transfers to her guardians, just like her personal guardianship. Furthermore, they would have authority over her if she were freed, so they possess it all the more while she is enslaved.
Supporting text
If the mistress is mature and rational, the marriage of her female slave is not valid except with her permission, as the slave is her property, and one cannot dispose of the property of a rational person without permission. Her explicit statement regarding this is required, even if she is a virgin, because her silence (*sumat*) is sufficient only for contracting her own marriage due to shyness. She is not shy about contracting the marriage of her female slave, even if the mistress is young, insane, or foolish. Her guardian in matters of property has authority over the slave, allowing him to contract her marriage if it serves her best interest; otherwise, he does not possess that authority. The same ruling applies to the female slave of a minor son. Some Shafi'is state that he never has the authority to marry her off due to the risk of harm to the property of the minor female, as pregnancy might lead to loss. Our proof is that he may act in ways that serve her best interest, and marriage in this case serves that interest through securing her dowry, offspring, covering her maintenance, protecting her from unlawful sexual relations incurring a legal penalty, and preventing the decrease in her value; the unlikely possibility of harm is treated as non-existent.