Can a master force his female slave (ammah) into marriage with a defective man?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 1

Open in Qurani

Primary text

A master cannot compel his female slave to marry a man afflicted with a defect that permits annulment in marriage because the right to sexual enjoyment (istimta') is hers. This right is demonstrated by her power to seek dissolution (faskh) due to impotence (jabb) or an inability to perform intercourse ('unnah), rights the master does not possess over her marriage.

Supporting text

If the master nevertheless marries her to a defective man, there are two opinions on whether the marriage is valid. If deemed valid, she retains the right to annulment. Furthermore, if the slave girl is a minor, there are two views on whether the master can annul the marriage immediately or must await her maturity. The view of Al-Shafi'i aligns with these different positions regarding this entire chapter.