Validity of a slave marrying without the master's permission.
General Chapter
Al-Mughni
Book of Marriage
Primary text
A slave's marriage without the master's permission is void. All scholars are in agreement that a slave cannot marry without the master's permission, and if he does so, the marriage does not take place. The strongest narration from Ahmad aligns with this view, held by 'Uthman, Ibn 'Umar, Sharih, and the school of Al-Shafi'i. The basis is the Hadith: 'Any slave who marries without the permission of his masters, he is an adulterer (Ahimr),' and another narration states, 'He is a fornicator (zani).' This contract lacks a required condition and is therefore invalid, similar to marriage without witnesses.
Supporting text
Another narration from Ahmad suggests the marriage is contingent upon the master's ratification; if he ratifies, it is valid, otherwise, it is void. This is the position of the People of Opinion, analogous to a bequest awaiting approval. Ibn al-Mundhir claims consensus that it is void, though this is contradicted by existing differences of opinion on validity.