Is a slave woman's admission of servitude valid if she was previously claimed to be free or married?
General Chapter
Al-Mughni
Book of Marriage
Primary text
There is a difference of opinion regarding whether a slave woman's admission (iqrar) that she is a slave is accepted as proof establishing her servitude. Ahmad, according to the narration of Abu Al-Harith, states that the claimant does not acquire rights over her based solely on her admission. This is because her admission negates the existing marriage (if any) and establishes a right against another party, which is generally inadmissible, analogous to her admission of debt owed by another person. However, in another narration by Hanbal, it is stated that the claimant has no claim until the servitude is proven by evidence or until she admits she is his slave. The first opinion is considered stronger because the admission concerns a right related to the right of Allah (Haqq Allah), and the admission of freedom followed by an admission of servitude is not necessarily accepted from one who is not currently married.
Supporting text
The narration of Hanbal suggests that her admission of servitude is accepted because she is admitting a status against herself, similar to a non-wife situation.