Consequences when a slave marries a woman with the master's permission and the master subsequently purchases her for himself.
General Chapter
Al-Mughni
Book of Marriage
Primary text
If a slave marries a woman and the master subsequently buys her with his permission for the master himself, the marriage is unaffected. If the master buys her for himself and the ruling is that a slave does not acquire ownership through acquisition (tamlik), the marriage stands. If the ruling is that he does acquire ownership, the marriage is dissolved, similar to a free man buying his wife. In this case, he may have intercourse with her under the law of ownership of a female captive (milku al-yamin) if the master grants permission.
Supporting text
If the slave is half-free and purchases her using funds exclusively belonging to his share or his master's property, the marriage is dissolved because he acquires her, making her permissible for him through the right of his hand (milku yamin). If he only purchases a share, the marriage is dissolved, but she does not become permissible for him because he does not own all of her. If the purchase is made using joint funds without the master's permission, and if the sale is not divided (la tufarraq as-safqa), the sale is invalid, and the marriage remains intact. If the sale is divisible, the sale is valid for the portion corresponding to his wealth, and the marriage is dissolved because he now owns a part of her.