What is the ruling when a woman gains ownership of her husband or part of him?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
When a woman gains ownership of her husband or a part of him, the marriage is dissolved (infaskh). This dissolution is not considered a divorce (talaq). If she frees him (if he was a slave) and subsequently marries him, this instance does not count as one pronouncement of divorce against her. This view is held by Al-Hakam, Hammad, Malik, Al-Shafi'i, Ibn al-Mundhir, and Ishaq.
Supporting text
Al-Hasan, Al-Zuhri, Qatadah, and Al-Awza'i consider this dissolution to be one instance of divorce. This view is incorrect because no explicit or implicit pronouncement of divorce occurred; the marriage dissolved simply due to the existence of a conflicting condition.