What is the reason for the prohibition of a free woman marrying her slave?
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The questioner : Shaykh, may Allah reward you, you mentioned the prohibition of a free woman marrying a slave... so is it permissible... it is not permissible... people say, "I married so-and-so, the slave"?
The Shaykh : It is not so in any case, if the slave is a knowledgeable, understanding, rational, brave, and generous man.
The questioner : ... .
The Shaykh : No, that is not sufficient. The operative cause is the conflict of authority, as I mentioned, and scholarly consensus is the evidence.
The questioner : The time, O Shaykh.
The Shaykh : The time is up.
The questioner :"And if one of the spouses, or his free son, or his mukatab (a slave who has a contract to buy his freedom) buys the other spouse, or part of him, their marriage is annulled. And whoever is forbidden to have intercourse with a woman by contract is forbidden to have intercourse with her by ownership, except a People of the Book slave woman. And if a man marries a muhallilah (a woman married to dissolve a previous marriage) and a mahram (a woman forbidden to marry) in one contract, the contract is valid regarding the one who is permissible. And the marriage of an ambiguous hermaphrodite is not valid before his condition is clarified."
The Shaykh : It is not so in any case, if the slave is a knowledgeable, understanding, rational, brave, and generous man.
The questioner : ... .
The Shaykh : No, that is not sufficient. The operative cause is the conflict of authority, as I mentioned, and scholarly consensus is the evidence.
The questioner : The time, O Shaykh.
The Shaykh : The time is up.
The questioner :"And if one of the spouses, or his free son, or his mukatab (a slave who has a contract to buy his freedom) buys the other spouse, or part of him, their marriage is annulled. And whoever is forbidden to have intercourse with a woman by contract is forbidden to have intercourse with her by ownership, except a People of the Book slave woman. And if a man marries a muhallilah (a woman married to dissolve a previous marriage) and a mahram (a woman forbidden to marry) in one contract, the contract is valid regarding the one who is permissible. And the marriage of an ambiguous hermaphrodite is not valid before his condition is clarified."