What is the ruling on the marriage contract when a master frees both his male slave and his female slave simultaneously?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
When a master frees a male slave and a female slave at the same time, the woman has no option (to dissolve the marriage), and the marriage remains valid as it was. This applies whether one man or two men freed them. Ahmad stated this ruling, which is considered superior because freedom occurring after her manumission prevents annulment, making simultaneous freedom (at the time of contract) even more applicable, similar to the case where both spouses embrace Islam simultaneously.
Supporting text
There is an opinion narrated from Ahmad stating that the marriage is dissolved if they are freed simultaneously. The intended meaning of this dissolution is that if the master gifted a concubine to his slave and permitted him to keep her as such, and then freed both the slave and the concubine, they become free persons. The former concubine is now outside the slave's ownership, meaning he cannot approach her except through a new marriage contract. This is narrated regarding cases where a master gifts or buys a concubine for his slave, and then frees both; the master cannot approach her except with a new marriage contract. This is supported by the narration from Nafi' from Ibn Umar, where his slave's two concubines and the slave himself were freed, and Ibn Umar forbade him from approaching them except through a new marriage contract, based on the reasoning that her manumission means she is no longer a property over whom concubinage is permitted, similar to a woman originally born free.