Is a purchase of the husband by the wife who is the capital provider valid?
General Chapter
Al-Mughni
Book of Partnership
Primary text
The purchase of the husband by the wife who is the provider of the capital is valid, and the marriage contract is annulled because she has gained ownership of her husband. This view is held by Abu Hanifa.
Supporting text
Al-Shafi'i holds that this purchase is invalid if made without her permission, because permission only covers purchasing assets in which she has benefit. Purchasing her husband harms her by annulling her marriage and forfeiting her rights to maintenance (Nafaqah) and clothing (Kiswah), thus rendering it invalid, similar to the purchase of her son.