The Shaykh of Islam chose the absolute option for the slave woman who is manumitted under a free man; does this contradict the saying of Allah the Exalted: “Men are protectors of women”?
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The questioner : Shaykh, may Allah reward you, we said that the Shaykh of Islam (may Allah have mercy on him) chose that she has the absolute option.
The Shaykh : Yes.
The questioner : And Allah the Mighty and Majestic said[An-Nisa 4:34] So if we were to say this, we might contradict the apparent meaning of the verse, because she would have the option in this case.
The Shaykh : Never.
The questioner : Because she would have the authority (qiwamah).
The Shaykh : No, she does not have authority. Is it not the case that if a woman stipulates conditions for her husband and he does not fulfill them, she has the option?
The questioner : Yes, but this is outside the original rule.
The Shaykh : No, this is by the Shari'ah.
The questioner : Shaykh, we say that the original rule is that authority belongs to the man, and we have excluded the case where she is manumitted under a slave, based on the hadith of Barirah.
The Shaykh : It does not contradict. The Shaykh of Islam says that it is established that he was a slave.
The questioner : In al-Bukhari, O Shaykh, it is stated that he was a slave.
The Shaykh : Yes, there is disagreement; there is disagreement in the wordings.
The questioner : Then we say...
The Shaykh : No, the stronger position is that she has the absolute option, and the operative cause is that she owned herself. Is the time up?
The questioner : Yes.
The Shaykh : Who is the reciter?
The Shaykh : Yes.
The questioner : And Allah the Mighty and Majestic said
Men are in charge of women
الرجال قوّامون على النساءThe Shaykh : Never.
The questioner : Because she would have the authority (qiwamah).
The Shaykh : No, she does not have authority. Is it not the case that if a woman stipulates conditions for her husband and he does not fulfill them, she has the option?
The questioner : Yes, but this is outside the original rule.
The Shaykh : No, this is by the Shari'ah.
The questioner : Shaykh, we say that the original rule is that authority belongs to the man, and we have excluded the case where she is manumitted under a slave, based on the hadith of Barirah.
The Shaykh : It does not contradict. The Shaykh of Islam says that it is established that he was a slave.
The questioner : In al-Bukhari, O Shaykh, it is stated that he was a slave.
The Shaykh : Yes, there is disagreement; there is disagreement in the wordings.
The questioner : Then we say...
The Shaykh : No, the stronger position is that she has the absolute option, and the operative cause is that she owned herself. Is the time up?
The questioner : Yes.
The Shaykh : Who is the reciter?