A number of our companions, from Ahmad Bin Muhammad, from Al Husayn Bin Saeed, from Al Nazar Bin Suweyd, from Abdullah Bin Sinan, (It has been narrated) from Abu Abdullah asws having said: ‘It is not allowed for the slave, neither freedom nor marriage, nor giving from his wealth except with a permission from his master’.
Translation: HubeAli·Thaqalayn link·The Arabic above is the original.
Ahmad Bin Muhammad, from Ali Bin Al Hakam, from Musa Bin Bakr, from Zurara, from Abu Ja’far asws , said, ‘I asked him asws about a man who got his slave married without his permission. So he slept with her, then notified his master upon that. So he asws said: ‘That is up to his master, if he so desires to, he effects separation between them, and if he so desires to he allows their marriage. So if he were to separate between the two, so for the woman would be whatever her dower was except if it is excessive, so her dower is a lot of dower’ and if he allows his marriage, so they would both be upon their first marriage’. So I said to Abu Ja’far asws , ‘It is as if the marriage was (an act of) disobedience’. So Abu Ja’far asws said: ‘But rather, he came to something Permissible, and he did not disobey Allah azwj . But rather, he disobeyed his master, and did not disobey Allah azwj . That is not like them both coming to what Allah azwj Mighty and Majestic has Prohibited unto him from a marriage, regarding a waiting period and such like’.
Translation: HubeAli·Thaqalayn link·The Arabic above is the original.
Ali Bin Ibrahim, from his father, from Ibn Abu Umeyr, from Umar Bin Azina, from Zurara, (It has been narrated) from Abu Ja’far asws , said, ‘I asked him asws about an owned slave who got married without a permission of his master. So he asws said: ‘That is up to his master, if he so desires to he allows it, and if he so desires to he effects separation between the two of them’. I said, ‘May Allah azwj Keep you asws well! Al-Hakam Bin Uteyba, and Ibrahim Al-Nakhai’e, and their companions are saying that the origin of the marriage is spoilt, and it is not Permissible for the master to allow it for him’. So Abu Ja’far asws said to him: ‘He did not disobey Allah azwj . But rather, he disobeyed his master. So when he allows it, so it is allowed for him’.
Translation: HubeAli·Thaqalayn link·The Arabic above is the original.
Muhammad Bin Yahya, from Ahmad Bin Muhammad, from Ali Bin Al Hakam, from Muawiya Bin Wahab who said, ‘A man came over to Abu Abdullah asws , so he said, ‘I was an owned slave of a group of people, and I married a free woman without a permission of my master. Then he emancipated me after that. Do I have to renew my marriage with her when I was emancipated’. So he asws said to him: ‘Did they know that you had married a woman and you are an owned slave of theirs?’ So he said, ‘Yes, and they were silent from me, and they did not fault upon me’. So he asws said: ‘Their silence from you after their knowledge is an acceptance from them. You are affirmed upon your first marriage’.
Translation: HubeAli·Thaqalayn link·The Arabic above is the original.
Muhammad Bin Ismail, from Al Fazl Bin Shazaan, and Ali Bin Ibrahim, from his father, from Ibn Abu Umeyr, from Abdul Rahman Bin Al Hajjaj, from Mansour Bin Hazim, (It has been narrated) from Abu Abdullah asws regarding an owned slave who married without a permission from his master, has he disobeyed Allah azwj ?’ He asws said: ‘He disobeyed his master’. I said, ‘Prohibited, is it?’ He asws said: ‘I asws do not claim that it is Prohibited, and say to him that he should not do it except with the permission of his master’.
Translation: HubeAli·Thaqalayn link·The Arabic above is the original.
Muhammad Bin Yahya, from Ahmad Bin Muhammad, from Ali Bin Al Hakam, from Muawiya Bin Wahab, (It has been narrated) from Abu Abdullah asws having said regarding a man who contracted upon himself and upon his wealth, and for him was a slave girl, and there had been stipulated upon him that he would not get married. So he emancipated the slave girl and married her’. So he asws said: ‘It is not correct for him that he innovates in his wealth, except for the eating from the foodstuff, and his marriage is void, repudiated’. It was said, ‘Supposing his master knew of his marriage and did not say anything?’ He asws said: ‘When he was silent when he came to know of that, so he has accepted’. It was said, ‘Supposing the contractors emancipate, do you asws view that he should renew his marriage, or remain upon the first marriage?’ He asws said: ‘He remains upon his marriage’.
Translation: HubeAli·Thaqalayn link·The Arabic above is the original.
Ali Bin Ibrahim, from his father, from Al Nowfaly, from Al Sakuny, (It has been narrated) from Abu Abdullah asws having said: ‘Rasool-Allah saww said: ‘Whichever free woman marries herself to a slave without a permission of his master, so she has legalized her private parts and there is no dower for her’.
Translation: HubeAli·Thaqalayn link·The Arabic above is the original.