A woman who comes to own a share of her husband

Ata bin al-Sa'ib said: Once a woman came to own a share of her husband worth one seventh of a dirham. Maysarah was asked about this, and he said: That woman has become unlawful for her husband, and I do not know how she will become lawful for him.

(Ata bin al-Sa'ib said:) Then I met al-Sha'bi and asked him. He said: Meet Abu Bakr bin Abi Musa and ask him; he was the judge at that time. So I went to him and asked him, and he said: When you are not able to do something, leave it for what you are able to do.

(Ata bin al-Sa'ib said:) Then I came to al-Sha'bi and mentioned that to him. He laughed and said: Go to Ubaydullah bin Abdullah bin Utbah. So I went to him and asked him, and he said: She has become unlawful for him. I said: How will she become lawful for him? He said: She gives him away, or frees him, or sells him. I went back to al-Sha'bi and asked him, and he said: Go back to him and ask him: does she observe a waiting period ('iddah) from him? So I went to him, and he said: No; it is only his own water.

He said: So I returned to al-Sha'bi and informed him, and he said: He has hit upon the correct fatwa.

(Ata bin al-Sa'ib said:) Then I came to Ibn Ma'qil and asked him. The narrator Abd al-Salam said: I did not remember what he said.

(Abd al-Salam said:) Then Ammar bin Ruzayq informed me, through the narration of Ata bin al-Sa'ib, that Ibn Ma'qil said: The two of them will renew the marriage.

Ata bin al-Sa'ib said: I asked Maysarah about a woman who inherits a share of her (slave) husband, and he said: That woman becomes unlawful for her husband.

Ibrahim said concerning a woman who comes to own some share of her slave husband: If that woman does not free her husband immediately upon becoming his owner, she becomes unlawful for him.

The same is reported from Ubaydullah bin Abdullah bin Utbah.

Ata said: That woman becomes unlawful for her husband.

Al-Hasan said: That woman becomes unlawful for the husband, and if they wish, they may marry again.

Al-Sha'bi also said the same.

Tawus was asked about a woman who receives a share in the ownership of her slave husband and frees him at that very moment: what is the ruling? He said: Even if her share were the size of a fly, the two of them are to be separated.

Al-Zuhri said: That woman becomes unlawful for her husband.

Shu'bah said: I asked al-Hakam and Hammad about a woman who becomes the owner of some share of her slave husband. They both said: She becomes unlawful for her husband; and if he marries her, the man will have the right of three divorces.

Ibrahim said: If he marries her after being freed, he will have the right of three divorces, and the separation between them will not be counted as a divorce.

Sayyiduna Ali (may Allah be pleased with him) said: That woman becomes unlawful for her husband.

Muhammad said: If a woman becomes the owner of her husband, then if she frees him at that very moment, their marriage remains.

Ibrahim said: If a slave has a free wife, and the slave's master dies, and that wife becomes the owner of some share of her husband, then if she frees her husband, their first marriage remains; and if she does not free him, that woman becomes unlawful for her husband.