Is a female slave's manumission valid if stipulated upon the condition that the one manumitting her marries her afterward?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If a female slave manumits her slave conditionally upon him marrying her, she is freed, and the husband owes nothing for the marriage. This is because marriage grants ownership to the husband, and the manumitted person is not considered owned by the husband by virtue of the manumission alone. Therefore, stipulating that he must establish ownership over her is not required of him, similar to stipulating that she must gift him a house.
Supporting text
If the male slave desires to marry her, he is not compelled to do so because the condition benefits her, and thus does not create an obligation for him, just as a condition imposed by the master upon his female slave that she must marry him does not obligate her.