"And if she is freed while under a free man, she has no option, but rather she remains under a slave"
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The Shaykh :"And if she is freed while under a free man, she has no option, but rather she remains under a slave" The pronoun "she" in "if she is freed" refers to the wife who is under a free man; she has no option. Rather, if she is freed while under a slave, the scenario is that the wife is a slave and the husband is free, and her master frees her. In this case, she has no option. Why? Because when she was freed, she became free, but she was not in a higher status than the husband, because the husband is free. The evidence for this is that the Prophet (peace and blessings be upon him) gave Barirah the option when she was freed from her husband and said She chose to dissolve the marriage. She hated her husband, Mughith, and Mughith loved her intensely, to the point that he would follow her in the markets of Madinah, wanting her not to dissolve the marriage. But she refused. He then asked the Prophet (peace and blessings be upon him) to intercede for him with her, and the Prophet (peace and blessings be upon him) interceded for him. He meant, "Stay with your husband." She said, "O Messenger of Allah, if you are commanding me, then I will hear and obey. But if you are advising me, I have no desire for him." She insisted. The point is that she was given the option regarding her husband when she was freed because her husband was a slave at that time, as mentioned in the hadith. He was a black slave. But if she is freed while under a free man, she has no option because she is in his status, not higher than him. However, you may find it difficult to understand how a slave woman can be under a free man. Is it permissible for a free man to marry a slave woman?
The questioner : With conditions.
Another questioner: Yes.
The Shaykh : We say it is permissible with conditions that Allah (Mighty and Majestic) mentioned in Surat al-Nisa, saying[An-Nisa 4:25] up to His saying [An-Nisa 4:25] If a person fears inability to marry and finds no one but a slave woman, he may marry her. If this free man marries her and then her master frees her, does she have the option or not?
The questioner : ... .
The Shaykh : She does not have the option because she did not distinguish herself from him in any way. This is the well-known position in the school of thought and the view of most scholars. Shaykh al-Islam said she has the option absolutely, even if her husband is free. He reasoned that she now owns herself; she was previously a slave and may have submitted to this husband or this marriage because she was a slave and could not object. When she is freed, she owns herself, so she has the option even if her husband is free, because she may have had no desire for him in the first place. The view of the Shaykh (may Allah have mercy on him) is closer to the truth: if she is freed, even under a free man, she has the option. The reason for her having the option when freed under a slave is not that she is equal to him, but what is the reason? It is the freeing and that she owns herself. Now that she is freed, she owns herself, so there is no difference between her husband being free or a slave. Time is up. Yes. Adam?
Choose if you wish to continue with him, or if you wish to dissolve the marriage from him.
اختاري إن شئت فاستمري معه وإن شئت فانفسخي منهThe questioner : With conditions.
Another questioner: Yes.
The Shaykh : We say it is permissible with conditions that Allah (Mighty and Majestic) mentioned in Surat al-Nisa, saying
And whoever among you cannot [find] the means to marry free, believing women, then [he may marry] from those whom your right hands possess
ومن لم يستطع منكم طولا أن ينكح المحصنات المؤمنات فمن ما ملكت أيمانكمThis [allowance] is for him among you who fears sin
ذلك لمن خشي العنت منكمThe questioner : ... .
The Shaykh : She does not have the option because she did not distinguish herself from him in any way. This is the well-known position in the school of thought and the view of most scholars. Shaykh al-Islam said she has the option absolutely, even if her husband is free. He reasoned that she now owns herself; she was previously a slave and may have submitted to this husband or this marriage because she was a slave and could not object. When she is freed, she owns herself, so she has the option even if her husband is free, because she may have had no desire for him in the first place. The view of the Shaykh (may Allah have mercy on him) is closer to the truth: if she is freed, even under a free man, she has the option. The reason for her having the option when freed under a slave is not that she is equal to him, but what is the reason? It is the freeing and that she owns herself. Now that she is freed, she owns herself, so there is no difference between her husband being free or a slave. Time is up. Yes. Adam?