Does the consummation of a marriage by a slave husband legitimize the marriage for the original owner?

General Chapter

Al-Mughni

Book of Reconciliation (Return During 'Iddah)

Book 40 · Issue 1 · Bab 1

Open in Qurani

Primary text

Consummation by a slave husband resolves the legitimacy concerning the original owner. This view is held by 'Ata, Malik, Al-Shafi'i, and the companions of the view (Ashaab Ar-Ra'i). The evidence is that his act falls under the general scope of the ruling text, and his act of intercourse is analogous to that of a free man.

Supporting text

No known dissenter is cited against this ruling.