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(Book 29, Hadith 51) #36267
Permission for Slave Marriage and Divorce

SUMMARY: A man who gives his slave permission to marry has no power over the divorce of the slave, and it is permissible for a man to take the slave-girl of his male or female-slave.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "If a man gives his slave permission to marry, the divorce is in the hand of the slave, and nobody else has any power over his divorce. Nothing is held against a man who takes the slave-girl of his male slave or the slave-girl of his female-slave".
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ نَافِعٍ، أَنَّ عَبْدَ اللَّهِ بْنَ عُمَرَ، كَانَ يَقُولُ مَنْ أَذِنَ لِعَبْدِهِ أَنْ يَنْكِحَ فَالطَّلاَقُ بِيَدِ الْعَبْدِ لَيْسَ بِيَدِ غَيْرِهِ مِنْ طَلاَقِهِ شَىْءٌ فَأَمَّا أَنْ يَأْخُذَ الرَّجُلُ أَمَةَ غُلاَمِهِ أَوْ أَمَةَ وَلِيدَتِهِ فَلاَ جُنَاحَ عَلَيْهِ
TOPICS
marriage  *  slave  *  divorce  *  permission  *  zawaj  *  abd  *  talaq  *  ijazah

QUICK LESSONS:
Give your slaves permission to marry; Respect your slaves' rights; Give them autonomy in decision making; Allow them freedom in marriage decisions.

EXPLANATIONS:
This hadith explains that if a man gives his slave permission to marry someone else, then he has no control over their divorce. It is also permissible for a man to take the female-slave of either his male or female-slave as a wife. This hadith teaches us that slaves should be given freedom in their marriage decisions and should not be treated as property. It also shows us that we should respect our slaves' rights and give them autonomy in making decisions about their lives.

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