slave, so she has the option, just as if he had married a free woman on the condition that he is free, and it turns out he is a slave. If she chooses annulment, she may separate from him; but if she is satisfied to remain with him, she does not have the right to separate from him after that, because she has waived her right. This is a matter upon which there is no disagreement, by the praise of Allah the Exalted.
Section: If she is freed while married to a free man, she has no option. This is the opinion of Ibn Umar, Ibn Abbas, Sa'id ibn al-Musayyib, al-Hasan, Ata', Sulayman ibn Yasar, Abu Qilaba, Ibn Abi Layla, Malik, al-Awza'i, al-Shafi'i, and Ishaq. Tawus, Ibn Sirin, Mujahid, al-Nakha'i, Hammad ibn Abi Sulayman, al-Thawri, and the People of Opinion (Ashab al-Ra'y) said: She has the option, based on what al-Aswad narrated from Aisha, that the Prophet (may Allah bless him and grant him peace) gave Barira the choice, and her husband was free. Recorded by al-Nasa'i. And because she has become perfect through freedom, she should have the option, just as if her husband were a slave. Our evidence is that she has equaled her husband in perfection, so no option is established for her, just as if a woman from the People of the Book embraced Islam while married to a Muslim.
(8) Recorded by Abu Dawood in: The Chapter on the Slave Woman Who Is Emancipated, While She Is Under a Free Man or a Slave, from the Book of Divorce. Sunan Abi Dawood 1/517. (9) Recorded by al-Bukhari in: The Chapter on the Option of the Slave Woman Under a Slave, and the Chapter on the Intercession of the Prophet - may Allah bless him and grant him peace - for the husband of Barira, from the Book of Divorce. Sahih al-Bukhari 7/61, 62. It was also recorded by Abu Dawood in: The Chapter on the Slave Woman Who Is Emancipated, from the Book of Divorce. Sunan Abi Dawood 1/517. Al-Nasa'i in: The Chapter on the Intercession of the Judge for the Litigants..., from the Book of Judges. al-Mujtaba 8/215. Ibn Majah in: The Chapter on the Option of the Slave Woman When She Is Emancipated, from the Book of Divorce. Sunan Ibn Majah 1/671. (10) Omitted from: A, B, and M. This report was recorded by al-Daraqutni in: The Chapter on the Dowry, from the Book of Marriage. Sunan al-Daraqutni 3/293. And by al-Bayhaqi in: The Chapter on the Slave Woman Who Is Emancipated While Her Husband Is a Slave, from the Book of Marriage. al-Sunan al-Kubra 7/222. (11) In M: "for his impotence ('unnatihi) or mental deficiency ('atihi)".
