Is freedom (Hurriyah) a condition for suitability in marriage?
General Chapter
Al-Mughni
Book of Marriage
Primary text
Freedom is soundly considered a condition for suitability; a male slave is not a suitable match for a free woman. This is evidenced by the Prophet's (peace be upon him) giving Barirah the choice to return to her husband after she was freed, showing that the change in status warrants the option to dissolve. The defect of slavery is significant as it entails the slave being preoccupied with his master's rights, unable to provide the maintenance expected of a wealthy man, and effectively non-existent regarding his own marital obligations.
Supporting text
The non-nullification of the marriage contract upon Barirah's choice, despite her right to separation, indicates that the contract remains technically valid until the choice is exercised, suggesting the defect itself grants the option rather than immediately voiding the contract.