Can a master emancipate (free) a close relative by suckling (foster relative) or a relative by marriage?

General Chapter

Al-Mughni

Book of Walā' (Patronage)

Book 33 · Issue 1 · Bab 1

Open in Qurani

Primary text

There is no difference of opinion that a master cannot emancipate his slave who is a Mahram (unmarriageable kin) through means other than blood kinship, such as a foster mother, foster brother, stepdaughter, mother-in-law, or daughter-in-law. The ruling stands that emancipation for these categories is not permitted. The basis for this ruling is the lack of explicit textual evidence permitting their manumission. Furthermore, they are not considered equivalent in meaning to those explicitly mentioned (as being freed automatically). They remain under the general ruling. Additionally, since there is no blood relationship, no inheritance rights, and no obligation for maintenance between them, they resemble the stepdaughter and the mother-in-law.

Supporting text

It has been reported from Al-Hasan, Ibn Sirin, and Shurayk that selling a foster brother is not permissible. Furthermore, it is narrated from Ibn Mas'ud that he disliked such a sale. However, the first opinion is considered more correct.