Is it permissible for a man to free a female slave and then marry her?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is permissible for a man to free a female slave and subsequently marry her. This permissibility holds true whether he freed her solely for the sake of Allah (SWT) or specifically intended to marry her afterward. The evidence supporting this is the saying of the Messenger of Allah (peace be upon him), as narrated by Abu Musa: "Whoever has a female slave, teaches her, treats her well, then frees her and marries her, he will have a double reward." This Hadith is agreed upon (Muttafaq Alayh). Furthermore, marrying her constitutes a kindness to her by providing chastity and protection, which is not disliked, analogous to if he were to marry her to someone else. This action does not constitute retracting from a dedication made to Allah (SWT), as he marries her by granting her a dower (mahr), which is treated like a transaction where he purchases something from her.

Supporting text

Anas disliked the act of marrying a female slave whom one had freed purely for the sake of Allah (SWT). Imam Ahmad confirmed this dislike when queried about the narration from Shu'bah via Qatadah from Anas, stating that if she was freed for Allah, it is disliked for one to retract anything from that dedication.