What is the legal status of a slave's wife if the slave flees (Abbaqa)?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a slave flees, his wife remains legally married to him until his death or apostasy is confirmed. This position is held by Al-Awza'i, Al-Thawri, Al-Shafi'i, and Ishaq. The underlying principle is that flight is not equivalent to being a missing person, thus the marriage contract is not nullified, similar to a free man's situation.

Supporting text

Al-Hasan held that the flight of the slave constitutes a divorce.