Those Who Say a Freed Slave Woman Has the Option Whether Her Husband is Free or a Slave

Hazrat Aswad narrates that Hazrat Aisha (may Allah be pleased with her) bought Hazrat Barirah (may Allah be pleased with her) and then set her free. The Prophet (peace and blessings be upon him) gave Hazrat Barirah (may Allah be pleased with her) the choice to either remain in the marriage or end it, even though her husband was a free man.

Hazrat Tawus says that whether the husband is free or a slave, the bondwoman will have the right of choice after being freed. Even if her husband is a Quraishi.

Hazrat Ibn Sirin says that whether the husband is free or a slave, after being freed, the bondwoman will have the right of choice.

Hazrat Sha'bi says that whether the husband is free or a slave, the bondwoman will have the right of choice after being set free.

Hazrat Mujahid says that whether the husband is free or a slave, after a bondwoman is freed, she will have the right of choice. Even if her husband is the Commander of the Faithful.

Hazrat Tawoos says that whether the husband is free or a slave, after being freed, the bondwoman will have the right of choice.

17349 - From Ibn Jurayj, from al-Hasan ibn Muslim, from Tawus who said: She has the choice over the free man and the slave.

Hazrat Nafi' narrates that Hazrat Ibn Umar (may Allah be pleased with them) was asked: If a slave woman is the wife of a slave and that slave woman is set free, what is the ruling for her? He replied: As long as the husband has not touched his wife, she has the option (of separation).

Hazrat Tawus was asked: If a slave woman is set free and her husband is free, should she be given the option (of separation)? He replied: I do not know about this, but if she is the wife of a slave, then she will be given the option.

Ibrahim says that whether the husband is free or a slave, the slave woman will have the right of option after being freed.