What is the ruling on a Mukatab's marriage contracted without permission?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If a Mukatab marries without permission, the marriage is invalid, and they are separated. If separation occurs before consummation, there is no dower for her. If after consummation, he owes the dower of her equivalent, paid from his earnings, as it is like his criminal liability. If she bears a child, the lineage is attached to him because it is from intercourse in an invalid marriage. If the woman is free, the child is free. If she is a slave, her child is enslaved to her master.
Supporting text
Al-Thawri holds that the marriage is suspended: if the Mukatab fulfills his contract, it becomes clear the marriage was valid, but if he becomes incapable, the marriage is invalid. This position has no basis, as a transaction prevented due to harm is invalid, like a gift.