Which spouse should be freed first when both are slaves married to each other and the master intends to free both?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
It is recommended (mustahabb) to initiate the man's emancipation before the woman's emancipation. This ruling is established so that the woman does not gain the option to annul the marriage (khiyar al-faskh) over the man after her freedom. This preference is supported by evidence reported by Abu Dawud and Al-Athram via Aisha, who stated that when she wished to free her married male and female slaves, the Prophet (peace be upon him) instructed her, "Begin with the man before the woman." Safiyyah bint Abi Ubaid also acted upon this, stating her reason was to free the man first so that the woman would not hold the right of option over him.