Does a woman gain the right of option (Khiyar) if she is manumitted (freed) while married to a free man?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If a woman is freed while married to a free man, she does not have the option to nullify the marriage. This opinion is held by Ibn Umar, Ibn Abbas, Sa'id ibn al-Musayyib, al-Hasan, 'Ata', Sulayman ibn Yasar, Abu Qilabah, Ibn Abi Layla, Malik, al-Awza'i, al-Shafi'i, and Ishaq. The primary evidence supporting the position that the marriage remains valid is based on the analogy that when a woman gains perfection (freedom) in marriage to a free man, she does not gain the option, similar to a Christian or Jewish woman marrying a Muslim man. Regarding the hadith concerning Barirah, the stronger narration states that her husband, Mughith, was a slave. Narrations from al-Qasim ibn Muhammad and 'Urwah, who were closer to 'A'ishah, confirm that Barirah's husband was a slave. Furthermore, the practice and narration of the scholars of Medina validate this position.
Supporting text
Some scholars, including Tawus, Ibn Sirin, Mujahid, al-Nakha'i, Hammad ibn Abi Sulayman, al-Thawri, and the Companions of the Opinion (Ahl al-Ra'y), hold that she does possess the option. They base this on the narration transmitted by al-Aswad from 'A'ishah, that the Prophet (peace be upon him) gave Barirah the option, and her husband was free. They argue that since her status became complete (free), she should have the option, just as she would if her husband were a slave.