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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Benefits of the Hadith: (Whoever among the slaves marries without the permission of his masters or his family is a fornicator)

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The Shaykh : It is derived from this hadith: that it is a condition for the validity of a slave's marriage that his master gives permission, that his master gives permission. Now, if he gives permission, does the slave marry himself, or is it necessary that the master marries him? We say: The apparent meaning of the hadith is that if permission is given, he has the right to marry himself, unlike a woman; if permission is given for her to marry, she does not have the right to marry herself. This is because a woman is not a person of legal capacity for the contract in the first place, unlike the slave, who is a person of legal capacity for the contract. Therefore, when he is freed, he marries himself. When he is freed, he marries himself. The fact that he does not marry himself while he is a slave is not due to a lack of legal capacity, but due to the presence of an impediment, which is ownership. Now, if the master wants to marry off the slave, there are two ways. The first way: The guardian of the woman says, "I have married my daughter So-and-So to your slave So-and-So," and the master says, "I accept the marriage for my slave." He must specify what he says: "I accept the marriage only," "I accept the marriage for my slave." This is the formula.
The second formula: The master says to his slave, "Marry," and the guardian of the woman says to the slave himself, "I have married you to my daughter So-and-So," and the slave says, "I accept."
Source alathar.net

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

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