Is a Mudabbara slave compelled into marriage?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 1

Open in Qurani

Primary text

The Mudabbara (a slave designated for manumission upon the master's death), the slave whose manumission is suspended upon a condition, and the Umm Walad (a female slave who has borne her master a child) are treated the same as a fully enslaved person regarding the master's right to compel them into marriage.

Supporting text

Malik, in his later opinion, stated that the master cannot marry off his Umm Walad without her consent. Rabiah disliked this compulsion. Al-Shafi'i holds two opinions on this matter because the master does not own the slave's entirety (naqabatuhā), and thus should not have the right to marry her without her permission, similar to a sister.