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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The freeing of a slave woman: Does it release her from the protection of her husband?

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Question: To His Excellency the Virtuous Shaykh/ Abdul Aziz ibn Baz, the honorable
Peace be upon you, and Allah’s mercy and blessings, and after that:
I present to your virtue this question:
I inform you that I had a girl who was in my possession, and when the government graciously compensated the owners of slaves, I submitted her and received the compensation for her, and she exited from my possession.
I draw your virtue’s attention to the fact that this slave woman was married while she was in my possession, and I received the compensation from the government while she was married, so now I seek your virtue’s guidance. Is she permissible for the aforementioned husband, given that a sale and purchase have taken place regarding her, or has she become divorced by that alone? Please inform us, may you be rewarded with the good of this world and the Hereafter.

Answer: And upon you be peace, and Allah’s mercy and blessings, and after that:
If the situation is as you have described, the girl remains in the protection of her husband, and her sale and her freeing do not release her from his protection, unless her husband is a slave, in which case she has the choice after being freed: if she wishes, she remains with him, and if she wishes, she chooses herself, or she separates from him; for it is established in the authentic hadith from Aisha (may Allah be pleased with her)
That she purchased a slave girl named Barira and freed her, and she had a slave husband, so the Prophet (peace and blessings be upon him) gave her the choiceأنها اشترت جارية يقال لها: بريرة، وأعتقتها، وكانت ذات زوج رقيق، فخيرها النبي ﷺ
, and neither her sale nor her freeing was made to abrogate her marriage.
May Allah guide me and you to what He is pleased with, and grant us all understanding in His religion and steadfastness upon it; indeed, He is the Hearing, the Near, and may Allah take care of you. And peace be upon you and the mercy of Allah and His blessings.
Source binbaz.org.sa

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

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