May a Mukatab marry without his master's permission?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
A Mukatab may not marry without his master's permission. This is the position of Malik, Al-Layth, Ibn Abi Layla, Abu Hanifah, Al-Shafi'i, and Abu Yusuf. The evidence is the Prophet's saying: 'Any slave who marries without the permission of his masters is a fornicator.' Additionally, the master suffers harm, as the slave may become incapable and be returned to him decreased in value, and he may need to pay the dower and maintenance from his earnings, causing him to be incapable of fulfilling his installments, so he is prevented from this, like being prevented from gifting.
Supporting text
Al-Hasan ibn Salih holds that marriage is permitted because Mukatabah is a contract of exchange, like sale.