Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Continuation of the explanation of the author's statement: "And a free woman has no right to marry the slave of her son"

Machine translationRead the Arabic original
The Shaykh : They say, "No, it is not valid for him to marry her." This is also a weak opinion. The correct view is that a free woman may marry the slave of her son, as this falls under the general meaning of the statement of Allah the Exalted:
And lawful to you are [all others] beyond these وأحل لكم ما وراء ذلكم
[An-Nisa 4:24]
In this case, we ask: Where is the evidence for the prohibition? The original ruling is permissibility. The slave of her son is not her father, nor her son, nor her brother, nor her paternal uncle, nor her maternal uncle, nor her brother's son, nor her sister's son. So where is the evidence for the prohibition? It has been established for us that it is not permissible for a free woman to marry her own slave, and we said that the evidence for that is scholarly consensus and contradiction. However, here there is no consensus and no contradiction. Therefore, the correct view is that a free woman may marry the slave of her son. If someone asks, "How can a free woman want to marry the slave of her son?" we say, yes, this is possible. The woman may be young but of advanced age, and this slave may be a young, handsome, well-mannered, and religious man, so she desires him to be her husband, is that not so?

The questioner : Yes.

The Shaykh : Yes, in any case, the correct view is that it is permissible.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas