Ruling if a Woman Becomes Owner of a Share of Her Slave Husband

Hazrat Ata bin Saib narrates that once a woman became the owner of seven dirhams’ worth from her husband. Regarding this, Hazrat Maisarah was asked, and he said that the woman became unlawful for her husband. And I do not know how she will become lawful for him again? I met Hazrat Sha’bi and asked him, so he said, “Meet Abu Bakr bin Abi Musa and ask him.” He was the judge there in those days. I asked him, and he said, “When you do not have the power to do something, then do what you are able to do.” I went to Hazrat Sha’bi and mentioned the whole incident to him, so he smiled and said, “Go to Ubaidullah bin Abdullah bin Utbah and ask him.” I went to him and asked, so he said, “That woman has become unlawful for her husband.” I asked him, “How will she become lawful for him?” He said, “She should gift it, or free it, or sell it.” I went back to Hazrat Sha’bi and asked him, so he said, “Go back to him and ask whether she will observe ‘iddah or not?” I went back to him, and he said, “No, she will not observe ‘iddah.” I returned to Hazrat Sha’bi and informed him, so he said, “Preserve this fatwa.” I went to Ibn Ma’qil. The narrator, Abdussalam, says that I do not remember his statement, but Ammar bin Razeeq has narrated from Ata bin Saib that Ibn Ma’qil said, “Both of them will renew the marriage contract.”

17279 - I met al-Sha'bi and asked him, so he said: Meet Abu Bakr ibn Abi Musa (and ask him) (1), and he was a judge at that time. So I went to him and asked him, and he said: If you are unable to do something, then leave it for what you (are able) (2).

17280 - So I went to al-Sha‘bi and mentioned that to him, and he laughed and said: Go to ‘Ubayd Allah ibn ‘Abd Allah ibn ‘Utbah. So I went to him and asked him, and he said: She is forbidden to him. I said: How can she become permissible for him? He said: She can give herself as a gift, or be set free, or be sold. So I returned 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 water) (1).

17281 - (He said) (1) So I returned to al-Sha‘bi and informed him, and he said: The fatwa matched.

17282 - So I came to Ibn (Ma'qil) (1) and asked him, and 'Abd al-Salam said: I did not remember what he said.

17283 - Ammar ibn Razeeq informed me from Ata ibn as-Sa'ib (1) [from Ibn (Mu'aqqil) (2) who said: They both face the marriage.

Hazrat Ata bin Saib narrates that I asked Hazrat Maisarah about a woman who becomes the heir of her slave owner, so he replied that such a woman will become forbidden for her husband.

Ibrahim says regarding the woman who becomes the owner of a share of her slave husband, that if the woman does not immediately free her husband upon becoming his owner, then he will become forbidden to her.

It is also narrated in the same way from Hazrat Ubaidullah bin Abdullah bin Utbah.

Hazrat Ata says that such a woman will become forbidden for her husband.

Hasan says that the woman will become forbidden for the husband, and if they wish, they can marry again.

Hazrat Sha'bi also says the same.

Hazrat Tawus was asked about a woman who receives a share in the ownership of her slave husband and immediately frees him, so what is the ruling? He replied that if there is even a delay equal to that of a fly, separation will be established between the two.

Hazrat Zuhri says: That woman will become forbidden for her husband.

Hazrat Sha’bah says that I asked Hazrat Hakam and Hazrat Hammad about a woman who becomes the owner of a share of her slave husband. Both of them said that she will become forbidden for her husband. And if she marries him, the man will have the right to three divorces.

Ibrahim says that if he marries after gaining freedom, he will have the right to three divorces. And the separation that occurred between them before will not be counted as a divorce.

Hazrat Ali (may Allah be pleased with him) said that such a woman will become forbidden for her husband.

Muhammad says that if a woman becomes the owner of her husband and she frees him at that very moment, then their marriage will remain intact.

Ibrahim says that if a slave has a free wife and the owner of the slave dies, and that wife becomes the owner of any share of her husband, then if she frees her husband, their first marriage will remain intact. But if she does not free him, then that woman will become forbidden for her husband.