Nasai

(1) Status is elevated by being freed; therefore, if a married slave woman is freed and her husband is a slave, after her emancipation the woman has the right to choose whether to remain in the marriage with the slave or not. However, if the husband is free, then after her emancipation the woman does not receive this right, because her status does not surpass that of her husband. For this reason, the Prophet (sallallahu alayhi wa sallam) ordered that the husband be freed first, so that the woman would not be able to annul the marriage, as the dissolution of the marriage could lead to many harms. When both are of equal status, there is safety in maintaining the marriage. The Hanafi scholars grant the emancipated wife the right to annul the marriage in every situation, but their position is clearly contrary to the aforementioned statement of the Messenger of Allah (sallallahu alayhi wa sallam). They say that the Prophet (sallallahu alayhi wa sallam) ordered the man to be freed first due to his superiority, but this interpretation is weak. In light of the evidence, the first position is stronger.

(2) Since the husband, in every situation, has the right to divorce in matters of wealth, whether he is free or a slave, emancipation does not grant him any additional right.

(3) A woman can dispose of her wealth without her husband's permission. Lady Aisha (radi Allahu anha) did not ask whether she should free (the slave) or not; rather, her question was about whom to free first. And Allah knows best. However, consulting the husband is preferable. This increases mutual trust and affection, and prevents Satan from finding an opportunity to interfere.