What is the ruling regarding the manumitted slave looking at his former mistress's hair?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 2 · Bab 1

Open in Qurani

Primary text

Abu Abdullah disliked that the manumitted slave look upon the hair of his former mistress. This position is held by Sa'id ibn al-Musayyab, Tawus, Mujahid, and Al-Hasan. The evidence supporting allowance for viewing beyond the face and hands includes the verses regarding those seeking permission (Quran 24:58) and the necessity of avoiding hardship, which permits it analogously to Mahrams.

Supporting text

Ibn Abbas permitted looking at the hair based on the cited Quranic verses and Hadiths, and because avoiding such observation presents excessive difficulty. Some scholars among our companions equate his status to that of a non-related stranger (Ajnabi).