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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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We are taking a new lesson. He spoke about Jabir, and I think we have taken it before, but I do not know how you did not hear it from us.

Machine translationRead the Arabic original
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
We are taking a new lesson. He spoke about Jabir, and I think we have taken it before, but I do not know how you did not hear it from us.
The student: ...

The Shaykh :" And from Jabir (may Allah be pleased with him), who said: The Messenger of Allah (peace and blessings be upon him) said:
Any slave who marries without the permission of his masters or owners is (like) a fornicator. أيما عبد تزوج بغير إذن مواليه أو أهله فهو عاهر
Bulugh al-Maram 8:26
"
.
Any slave who marries أيما عبد تزوج
Here, "ayma" is a conditional particle, and "ma" is an extra word for emphasis. "Tazawwaja" (married) is the verb of the condition, and the clause
then he is a fornicator فهو عاهر
is the answer to the condition.
And his saying:
Without the permission of his allies بغير إذن مواليه
The "mawali" are those who originally freed him. The term "mawla" can also be used for the owner. It can be used for the owner, and that is what is intended here: the owner. This is because once he is freed, he owns himself, but as long as he is a slave, the authority belongs to his master. Allah the Exalted said:
And marry the unmarried among you and the righteous among your male slaves and female slaves وأنكحوا الأيامى منكم والصالحين من عبادكم وإمائكم
[An-Nur 24:32]
.
And his saying:
or his family أو أهله
The "aw" here indicates doubt from the narrator, meaning whether the wording of the hadith is "without the permission of his masters" or "without the permission of his family." The meaning is the same. So, who are the "mawali" intended here? The owners.
And his saying:
then he is a fornicator فهو عاهر
"Al-'ahir" is a fornicator. "Al-'ahir" is the fornicator because his marriage is not valid, since a slave does not have the right to marry himself. The evidence for this in the Qur'an is the saying of Allah the Exalted:
And marry the unmarried among you and the righteous among your male slaves and female slaves وأنكحوا الأيامى منكم والصالحين من عبادكم وإمائكم
[An-Nur 24:32]
.
from your servants من عبادكم
"Ibadakum" is the plural of "abd" (slave), which is the male slave. So, his saying:
And marry وأنكحوا
indicates that the slave does not marry himself; rather, he is married off. He is like the "ayyam" (free women) who have lost their husbands or been divorced; they do not marry themselves. Who marries them? Their guardian. Therefore, a slave marrying without the permission of his masters is like a woman marrying without a guardian.
Source alathar.net

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

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