woman from the People of the Book married to a Muslim. As for the report of al-Aswad from Aisha, al-Qasim ibn Muhammad and Urwa have narrated from her that the husband of Barira was a slave. They are more specific regarding her than al-Aswad, because they are her nephew and the son of her sister. Furthermore, al-Amash narrated from Ibrahim, from al-Aswad, from Aisha, that the husband of Barira was a slave, so his two reports conflict. Ibn Abbas said: The husband of Barira was a black slave of the Banu al-Mughira, called Mughith. It was recorded by al-Bukhari and others. Safiyya bint Abi Ubayd said: The husband of Barira was a black slave. Ahmad said: These, Ibn Abbas and Aisha, said regarding the husband of Barira that he is a slave. This is the narration of the scholars of Medina and their practice; and when the people of Medina report a Hadith and act upon it, it is the most correct thing. It is only held that he was a free man from al-Aswad alone; as for anyone else, it is not as such. He [Ahmad] said: The marriage contract is valid, and it is not to be annulled by something that is a matter of disagreement. There is disagreement regarding [her being married to] a free man, but there is no disagreement regarding a slave. A free man differs from a slave because the slave is deficient, and when she becomes complete [i.e., free] while under him, she is harmed by remaining with him, unlike the case of a free man.
Section: The separation by way of an option is an annulment (faskh), and the number of divorces is not diminished by it. Ahmad explicitly stated this, and I know of no disagreement regarding it. It was said to Ahmad: Why is it not considered a divorce? He said: Because divorce is what the man pronounces. Moreover, it is a separation based on the woman's choice, so it is an annulment, like an annulment for his impotence ('unnatihi) or mental deficiency ('atihi).
(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. The 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 or mental deficiency".
