Can a Mukatab (manumitted slave working to buy freedom) marry off his male or female slaves without the permission of his master?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 1 · Bab 1

Open in Qurani

Primary text

A Mukatab is not permitted to marry off his slaves, male or female, without the permission of his master. This is the position held by Al-Shafi'i and Ibn al-Mundhir. The justification for this prohibition is that the marriage imposes harm upon the master. If the Mukatab marries off a male slave, the master becomes liable for the wife's maintenance (nafaqah) and dowry (mahr), and the slave becomes occupied with marital rights, thereby diminishing the slave's value. If a female slave is married off, the husband gains access to her intimacy (budh'), and her value decreases, potentially eliminating desires for her purchase altogether. This inability to sell is not within the Mukatab's purview, and it might cause him to default on his installment payments (nujum), resulting in his return to full slavery to the master, burdened by existing rights and depreciation. This is analogous to freeing them. This differs from renting a house because renting is usually a source of income for the Mukatab.

Supporting text

It is narrated from Malik that the Mukatab may do so if it is done based on consideration (nazar), because marriage is a contract concerning usufruct (manfa'ah), which the Mukatab possesses, similar to a lease (ijarah). Abu Al-Khattab holds this view in 'Ru'us al-Masa'il'. It is reported from Al-Qadi in 'Al-Khusal' that the Mukatab may marry off a female slave but not a male slave. This is also the position of Abu Hanifa because the Mukatab receives compensation for marrying off the female slave, unlike the male slave, and because it is a contract concerning her benefits, resembling her lease.