What is the ruling when a man gains ownership of part of his wife?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
If a man gains ownership of a part of his wife (making her a partial slave to him), the majority of muftis rule that the marriage is dissolved, and intercourse with her becomes unlawful until he fully emancipates her. Upon emancipation, she becomes lawful for him through the status of ownership (milk al-yamin).
Supporting text
A narration from Qatadah suggests that the man's ownership of part of her only brought them closer. This is incorrect because the marriage cannot persist over only a part of her, and his ownership is incomplete over her, making lawful relations based on ownership impossible where ownership and marriage simultaneously do not exist.