Does a master have the right to compel the marriage of his female *Mukataba* (contracted slave), her daughter, or her female servant?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
The master does not possess the right to compel the marriage of his *Mukataba*, her daughter, or her female servant. This is because the contract of *Kitaba* (manumission contract) removes the master's ownership rights over her benefit, her private parts' benefit, and the consideration for those benefits. Consequently, neither the *Mukataba* nor the others can enter marriage without the master's permission, as this marriage imposes harm upon the master; the husband gains a right over her, and if the husband proves unable to support her, she might return to the master's ownership in a state where he cannot legally have relations with her. However, if both parties consent to the marriage, it is permissible because the right does not leave the two parties involved, and the master remains the guardian (*wali*) for his *Mukataba*, her daughter, and her maid, similar to a standard slave girl (*jariya*). The *mahr* (dower) belongs to the *Mukataba* as established for dower when the master has relations with her.
Supporting text
If the master has sexual relations with his *Mukataba* without stipulation, he is not subject to *Hadd* (prescribed corporal punishment). If both were aware of the prohibition, both are subject to *Ta'zir* (discretionary punishment). If one was aware and the other ignorant, the knowing party is punished while the ignorant is excused. The act of intercourse does not terminate the *Kitaba* contract. Al-Layth held that if she consented, her *Kitaba* is dissolved, and she reverts to being a slave.