Can the master dispose of a female slave purchased by his authorized slave who has outstanding debts?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The master possesses the right to marry off, sell, or emancipate a female slave purchased by his authorized slave (*ma'dhun*) who has accumulated debts. This ruling is affirmed by Ahmad, and mentioned by Abu Bakr, who further stated that the master is permitted to have conjugal relations with her. The basis for this ruling is that the debt incurred by the authorized slave is binding upon the master according to our view. Therefore, there is no harm inflicted upon the creditors because the debt is not directly attached to the female slave.
Supporting text
Al-Shafi'i holds that the master has no right to dispose of her or have relations with her, based on the consideration that such actions would cause harm to the creditors. This difference of opinion hinges on whether the debt of the authorized slave in trade is binding upon the master; the differing view posits that the debt is attached to the slave and whatever is in his possession, thus harming the creditors.